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Counterparts: Difference between revisions
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THIS IS NONSENSE. | THIS IS NONSENSE. | ||
Outside the formal requirements of execution — deeds of | Outside the formal requirements of execution — [[deed]]s ''of lease''<ref>''Ordinary'' old [[Deed|deeds]] do not require a counterpart clause: I cite [http://www.osborneclarke.com/insights/signed-sealed-delivered-execution-of-deeds-and-documents-and-how-it-might-go-wrong/ Osborne Clarke] as my authority</ref>, contracts for the [[conveyancing|conveyance]] of land, that kind of thing — for an agreement to be enforceable you need to fall back on your first contract law lecture. You need: | ||
*[[offer]] | *[[offer]] | ||
*[[acceptance]] | *[[acceptance]] | ||
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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. | 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. | ||
Note, also, that where formal execution requirements ''do'' require every hand to besmirch the same physical parchment, a [[counterparts]] clause won’t save you. This is deep magic, and no beginner’s spell will shoo it away. | |||
{{seealso}} | {{seealso}} | ||
*[[Counterparts and Confirmations - ISDA Provision]] | *[[Counterparts and Confirmations - ISDA Provision]] | ||