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Creating a contract.

If you wanted to make a contract with someone, what will make it legally binding?
So if for instance, the terms of the contract were written down and then both people signed at the bottom, would there need to be a witness to sign also?
thank you.

Reply 1

Indievertigo

15

No witness required, just both sign it. The contract won't be valid though if the terms in it are illegal.

Reply 2

jacketpotato

20

Verbal contracts are fine, but very hard to prove. Signed writing is strongly advised as a record. No witnesses necessary.

I don't know what you are intending to do, but you should be aware that there needs to be some element of exchange. If its a simple promise, you need to insert some notional element of exchange for it to be a contract: e.g. "in return for promising to build a shed in my garden, X will receive 10p".

Reply 3

Aack

Usually both parties sign and date both copies.

Just make sure you define the terms.

You could buy a cheap book on contract law, or search on the internet for simple examples (make sure it's specific to the country you are in).

Reply 4

bubba.ok

OP

15

Thank you so much for the replies guys!
It's all legit lol. I'm buying a horse with my sister and i just want to cover my back in the worst case that we have a row and she claims sole owner ship.
So, because there is not exchange, if i just included something like: both are going half and half. (obviously a bit better written aha), and then we both signed it, would be okay?

Reply 5

azhao

3

Which half are you getting OP?

Reply 6

Aack

If it's with your sister, it might not be valid.

Intention to create legal relations...long time since I did contract law - maybe someone could speak up on this?

Reply 7

bubba.ok

OP

15

Aack

If it's with your sister, it might not be valid.

Intention to create legal relations...long time since I did contract law - maybe someone could speak up on this?

please

Reply 8

bubba.ok

OP

15

how about if i just acknowledged that we were both sisters in the contract?
would that still make it valid?

Reply 9

L i b

19

The witness issue: it's probably best to get one at least.

The position in Scotland at least I know to be: without a witness, a contract is still legally enforceable, but it is not self-proving - ie, its creation etc can be disputed. As such, most contracts are witnessed, considering it's quite an easy process. There may be something similar in England, so for all the effort it'd take you might be as well doing so.

bubba.ok

how about if i just acknowledged that we were both sisters in the contract?
would that still make it valid?

The sister thing won't matter if its clear what you're intending to do.

Reply 10

bubba.ok

OP

15

L i b

The witness issue: it's probably best to get one at least.

The position in Scotland at least I know to be: without a witness, a contract is still legally enforceable, but it is not self-proving - ie, its creation etc can be disputed. As such, most contracts are witnessed, considering it's quite an easy process. There may be something similar in England, so for all the effort it'd take you might be as well doing so.

The sister thing won't matter if its clear what you're intending to do.

thanks so much for taking the time to answer me, seriously. i've been worrying so much about this. same to everyone, thanks x 100 lol

oh and

azhao

Which half are you getting OP?

, fingers crossed i get the front half! :biggrin:

Creating a contract.

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