Contract Execution in United Kingdom

Contract Execution in Contract Formation

In Pinsent Mason’s words:

Scotland

Following a change in the law in 1995 in order to execute a deed only a signature is required. However to be formally valid a document should be subscribed by the granter and witnessed by one other aged person at least 16. It is worth noting that when carrying out any due diligence on contracts executed pre-1995 those contracts should have two witnesses before they are legally enforceable.

England and Wales

If a document containing contractual terms has been signed, in the absence of fraud or misrepresentation, the signatory is bound by the terms even if he has not read them. If a document is unsigned a party is not bound unless he is aware that the document contained contract terms or the other party had taken reasonable steps to bring the terms to his notice. Stringent tests are applied to electronic contracts.