Counterparts: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 13: Line 13:
*[[consideration]]
*[[consideration]]


Here we are talking about [[acceptance]]. Acceptance does not require the [[aforementioned]] quill, and indeed does not require signature (digital [[or otherwise]]) at all. Acceptance may be evidenced orally, by gesture, or even just by behaving in a way that can only be explained by reference the putative contract being argued about.
Here we are talking about [[acceptance]]. Acceptance does not require a quill. It does not need a signature (digital [[or otherwise]]) at all. One may accept [[orally]], by gesture, or even just by behaving in a way that can only be explained by reference the putative contract being argued about. All a counterparty needs to do is satisfy a court that one communicated acceptance.


Signature is about ''[[evidence]]'' of that acceptance. The fact that parties have signed and exchanged different copies of the same document is no less compelling evidence of their agreement than that they signed the same one.
Signature is about ''[[evidence]]'' of that acceptance. Parties signing different copies of the same contract is no less compelling evidence than both signing the same one.


{{seealso}}
{{seealso}}
*[[Counterparts and Confirmations - ISDA Provision]]
*[[Counterparts and Confirmations - ISDA Provision]]