Contracts are an integral part of any business or legal transaction. They serve as a binding agreement between two or more parties, setting out the terms and conditions of the deal. However, it is essential to understand the different ways in which contracts can be executed – as a deed or underhand – and their legal implications.
A contract executed as a deed is a formal and binding agreement that requires a specific form of execution. It must be signed in the presence of witnesses and requires the use of a specific seal. A deed is an instrument that is made with the intention of creating a legal obligation. It is often used for more significant and more complex transactions such as property sales, mortgages, and transfers.
The use of a deed adds an extra layer of legal protection to the parties involved. This is due to the fact that the requirements of a deed execution ensure that parties understand the gravity of the agreement they are entering into. Additionally, the use of a seal adds further weight to the legal commitment, making it harder to challenge.
On the other hand, a contract executed underhand is an informal agreement that does not require specific formalities to be met. Underhand contracts are most commonly used for smaller transactions or for agreements between individuals rather than companies. They can be made in writing or verbally, and they do not require witnesses or a seal.
However, it`s important to note that underhand contracts are still legally binding and enforceable. Even though they do not carry the same weight as a deed, they can still be used in legal proceedings if necessary.
There are several advantages and disadvantages to using either method of contract execution. A deed offers greater legal certainty and protection, making it a better option for high-value transactions. On the other hand, an underhand contract is more flexible and easier to execute, making it ideal for smaller or less complex transactions.
In conclusion, whether to execute a contract as a deed or underhand depends on various factors such as the nature of the transaction, legal requirements, and the parties involved. As a copy editor, it is essential to understand the differences between the two and ensure that the correct terminology is used in all legal documents. By doing this, you can help to ensure that the legal agreement will be enforceable and protect the parties involved.