contract is the agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. The validity of the contract of this nature can be ascertained by looking around the terms of the contract and the extent to which they are binding on the individual parties, the actual interpretation of the nature of the contract, whether it was a contract of sale or of exchange and the relative interpretations of similar cases in relent cases, law journals and statutes.
From a general point of perspective, the contract can be regarded as valid since the agreement was verbally made and confirmed by the writing down of the general terms sealed by signatures of the seller and the buyer as was in the case between Dold and Bester, in which their contract was reduced by writing down the terms of the contract on a piece of scrap paper.
The law states that no alienation of land after the commencement of this section shall, subject to the provisions of section 28, be of any force or effect unless it is contained in a deed of alienation signed by the parties thereto or by their agents acting on their written authority. In the case of David and Zindzi, the validity of the contract can be enforced since the seller (David) had clearly demonstrated his intent of selling his house by signing it down on the serviette and the buyer (Zindzi) also clearly demonstrated his willingness to acquire the property on offer. The terms of the contract agreed on the serviette serve as a form of a binding agreement on the seller since he had legally alienated the property in question from his former possessive position. This makes it a valid contract.
In the event that a breach of contract occurs, either by one of the parties involved or both usually will result in the parties who are on the wrong side of the agreement trying to prove the voidability of the contract