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{{boileranat|Counterparts| | {{boileranat|Counterparts| | ||
===Do I need a counterparts clause?=== | |||
Is the {{t|contract}} before me a [[deed]] of lease? | |||
:''Yes'': No, and it won’t work if you’ve got one: You all have to sign the same document. | |||
:''No'': No, and can safely sign in as many counterparts as you like. | |||
YOU DON’T NEED A COUNTERPARTS CLAUSE. | |||
[[File:Twins shining.jpg|450px|thumb|center|You sign first. No, you.]] | [[File:Twins shining.jpg|450px|thumb|center|You sign first. No, you.]] | ||
}} | }} | ||
The remainder of the [[contract]] might be an absolute shower of confusions, contradictions, misconceptions, failures of [[consideration]], unenforceable half-promises, paralytic [[indemnities]], absurd [[disclaimer]]s of [[liability]] and outrageous derogations from the perfectly sensible allocations of risk vouchsafed by the [[common law]] of [[contract]], but be assured the there ''will'' be a [[counterparts]] clause<ref>And a [[Contracts (Rights of Third Parties) Act 1999]] clause too,</ref> and it ''will'' be bullet-proof. | |||
The remainder of the [[contract]] might be an absolute shower of confusions, contradictions, misconceptions, failures of [[consideration]], unenforceable half-promises, paralytic [[indemnities]], absurd [[disclaimer]]s of [[ | |||
{{counterparts capsule}} | {{counterparts capsule}} | ||
Unless you are executing a [[deed]] ''of lease'', you can sign in counterparts without a clause allowing you dto do so. ''Normal'' contracts — even spicy ones, like [[deed]]s<ref>See [http://www.osborneclarke.com/insights/signed-sealed-delivered-execution-of-deeds-and-documents-and-how-it-might-go-wrong/ Osborne Clarke] as authority for this.</ref> — ''do not require a counterparts clause''. How so? Well, think back to your first {{tag|contract}} law lecture: for a contract to be effective you need an [[offer]], [[acceptance]] and [[consideration]].<ref>No, you do '''''not''''' need the [[intention to create legal relations]].</ref> “Execution”, however you manifest it, is simply ''a way of indicating [[acceptance]]''. [[Acceptance]] does not require a quill. It does not require a signature at all. One may accept [[orally]], by a gesture, or even just by behaving in a way that can only really be explained by imputing your acquiescence to the terms of the {{t|contract}} being argued about. All one needs to do is satisfy oneself — and the court from whom you are praying aid — that your counterparty communicated [[acceptance]] ''somehow''. | |||
Unless you are executing a [[deed]] ''of lease'', | |||
A ''signature'' is simply ''[[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 [[Magic incantation|deep magic]], and no beginner’s spell will shoo it away. | 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 [[Magic incantation|deep magic]], and no beginner’s spell will shoo it away. | ||
===Odd spot=== | ===Odd spot=== | ||
''The'' Counterparts is a Canadian hardcore punk band from Hamilton, Ontario. True. We think they had trouble getting the guys together in the same room in the early days for rehearsals.{{ | ''The'' Counterparts is a Canadian hardcore punk band from Hamilton, Ontario. True. We think they had trouble getting the guys together in the same room in the early days for rehearsals. | ||
===Second odd spot=== | |||
It is well-settled that a single individual cannot grant a lease to himself: {{cite|Rye|Rye|1962|AC|496}} | |||
{{sa}} | {{sa}} |