Counter-parties are generally used when contract signatories are in different locations and contracts should include clauses allowing the use of intercom points. This clause generally states that each correspondence, signed, “must be considered original” and that all the considerations combined are a document. You negotiated an important deal, you reduced it to a written contract, and now you are ready to sign on the polka dot line. Most people think that signing a contract is just a formality. However, it is important not to close the guard at this stage. Whether you sign the contract correctly can mean the difference between a company in good business or a chaotic legal process. Parties do not necessarily have to sign the same copy of the contract for it to be binding. If the parties sign different copies of the contract, they must agree that each of their signature pages constitutes a complete agreement executed. For this reason, contracts often contain a provision stating that “the parties can perform this contract in return, each being considered original, and all are only an agreement.” These arguments are relatively rare.
If they do occur, however, the court will hear evidence (including computer evidence) on the manufacture of the copy. However, the technical admissibility of copy documents does not mean that the parties can freely reject the originals. As Jonathan Parker LJ (1 WLR 277, 308) noted: “… the “obligation” of a party with a submission document of the original is not based on a legal standard, but merely reflects the fact that a party with a document will not be able, because of this fact, to take into account the Tribunal`s satisfaction with its non-production when it asks the court to authorize secondary evidence of its content… What you really want to know is whether something other than an original, colorful, document in evidence is admitted to a court or any other court proceeding. Each party should receive a signed original copy of the contract for its files. In other words, if there are two parties, two identical contracts must be signed. An original copy of the contract should be sent to you, and an original copy should be sent to the other party. As early as the 18th century, the “best rule of evidence” prevented secondary evidence from being relied upon to prove the content of a document. The original had to be produced. Fortunately, the law continued. In the age of photocopiers, faxes and e-mail, such a rule would not be feasible.
Modern English dishes impose a photocopy or pdf as an original. The court considers the copy to be authentic until someone else argues. Always try to have the original. If both parties want an original, you can sign two copies and then there are two originals. This can be a logistical nightmare, so keep reading for another way to sign documents in seconds. A joint working group, consisting of the Lw Society Law Committee of the Law Society and subcommittees of the City of London Law Society`s Law and Financial Law, has published non-binding guidelines (JWP Guidance) to assist transaction lawyers.