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a | A [[deed]], also known as an [[indenture]], is a written legal agreement that has been signed and [[Deliver|delivered]] and which is enforceable even in the absence of consideration. There are formal requirements for it to be executed. | ||
Originally, an indenture was identified by physical indentation or serration of one edge of the document. | |||
If there is only one party to the [[deed]], one calls it a [[deed poll]] — which happens the mechanism by which one legally changes one’s name. | |||
===Signed, Sealed, [[Deliver|Delivered]] - I'm yours=== | |||
For companies, a [[deed]] is deemed to have been [[delivered]] in accordance with the provisions of the Companies Act. However, no deemed delivery provisions apply to individuals. | ====When is a deed [[deliver|delivered]]?==== | ||
Historically, [[delivery]] occurred when the document was received by the other side — a deed becomes enforceable once it has been shown to the other parties. As the law evolved, the concept of “[[Deliver|delivery]]” became the point at which it could be shown that it was intended that the document would become binding. This is still the test used today. | |||
For companies, a [[deed]] is deemed to have been [[delivered]] in accordance with the provisions of the [[Companies Act 2006 (UK)|Companies Act]]. However, no deemed delivery provisions apply to individuals. | |||
====Bibby v Magson==== | ====Bibby v Magson==== | ||
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====Ammwell View==== | ====Ammwell View==== | ||
The legal community wags its prurient finger and admonishes the layman about the timely warning this case represents that one must get ones paper work right (''subtext: make sure you call a lawyer''). But on its face this is a poor decision. Clearly the directors' intentions in manscripting the changes and then executing the document evidences that they intended the documents to be binding. But ambulance chasing | The legal community wags its prurient finger and admonishes the layman about the timely warning this case represents that one must get ones paper work right (''subtext: make sure you call a lawyer''). But on its face this is a poor decision. Clearly the directors' intentions in manscripting the changes and then executing the document evidences that they intended the documents to be binding. But ambulance chasing — or perhaps ambulance ''defending'' — members of the legal community see this as a good decision. [[Eheu]]. | ||
{{c3|Deeds|Enforcement|Case Note}} | {{c3|Deeds|Enforcement|Case Note}} | ||