Covenant to execute

The basic principles of contract →Go uptown Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability Not contracts: Restitution — quasi-contract — quasi-agency Index: Click ᐅ to expand: Contract Tort Restitution Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

Spotted in the wild:

“Each party must take a steps, execute all documents and do everything reasonably required on its part to give full effect to this agreement and must pay its own expenses incurred in performing its obligations under this agreement.”

Scene III, Act i

A courtroom in the Queen’s Bench Division. Sir Jerrold Baxter-Morley, Q.C. stands up to address the bench, on which Lord Justice Cocklecarrot M.R. sits, wistfully staring at a wooden panel above the gallery, wishing it were a window.

Sir Jerrold Baxter-Morley, Q.C. (for it is he): If it pleases your honour, the agreement says the defendant has to sign it. But she hasn’t.

Lord Justice Cocklecarrot M.R.: Hasn’t what?

Sir Jerrold Baxter-Morley, Q.C.: Signed it.

Lord Justice Cocklecarrot M.R.: Signed what?

Sir Jerrold Baxter-Morley, Q.C.: The agreement, M’Lud.

Lord Justice Cocklecarrot M.R.: What agreement?

Sir Jerrold Baxter-Morley, Q.C. (frustrated): The one you are reading, if it, ahh, pleases your honour.

Lord Justice Cocklecarrot M.R. (waving a piece of paper): Oh! This document?

Sir Jerrold Baxter-Morley, Q.C.: Why, yes sir! That exact one!

Lord Justice Cocklecarrot M.R.: The very document we are speaking of, that the defendant hasn’t signed?

Sir Jerrold Baxter-Morley, Q.C.: Yes!

Lord Justice Cocklecarrot M.R.: Do you, ahh — do you see the problem, Sir Jerrold?

Sir Jerrold Baxter-Morley, Q.C.: Permission for the ground to swallow me and my wretched client up, M’Lud

Lord Justice Cocklecarrot M.R.: Granted, Sir Jerrold. Granted. Shall we say that is lunch?

See also

• Sir Jerrold Baxter-Morley, Q.C.
• Lord Justice Cocklecarrot M.R.