Is an unwitnessed contract legal?

Question

If you have signed a contract with someone,but not had it witnessed, is it legal? (bear in mind I'm from the UK). Thanks a lot.

Answer 1

There are a number of things to be established here.
Firstly, you must prove that there was an intention to create a legally binding contract. Therefore, you must show that the other party fully understood what it was that he was signing and intended it to be bound by the terms in the contract.
Secondly, there must be consideration. This is often known as the benefit/detriment requirement. Basically it means that you have to show that you have provided something in return for the other person's promise to carry out the contract. This could be paying them money or doing something else in return for them.
It is also important to establish that the signature is theirs, but the courts can often do this quite easily, but hopefully it won't have to go that far.

Answer 2

Hi Ffenics

Yes, a contract can be legally binding if it is not witnessed provided the elements of a contract exist.

Offer
Acceptance
Consideration
Intention to create legal relations
Certainty of subject matter

An example of an unwitnessed contract would be a taxi ride, or if you were the only person on a bus

The contract is to take you from A to B for a certain fare.

The offer is when the bus stops
The acceptance is when you get on the bus and agree to the fare.
The consideration is the bus fare.
The intention to create legal relations is established in that you agree to the terms of carriage.
The certainty of subject matter is that you travel from A to B.

The same principle applies when you purchase goods from a shop or employ the services of a builder. A contract is formed even though it is not in writing and is legally enforceable.

Hope this clarifies the situation a little.

Answer 3

The vast majority of contracts are verbal so they are not even signed never mind witnessed so of course an unwitnessed contract can be a legal contract. The problem is evidence. If the other party disputes that they agreed to or signed the contract you need evidence to prove your case. This is why important contracts are witnessed so that the witness can give evidence if necessary. However if you have other evidence such as that the other party has acted in accordance with the contract then this could be the evidence you need

Answer 4

Most likely, yes. If you signed it fully knowing its consequences, by singing it, you marked your agreement. Most contracts are not witnessed.

What kind of contract is it though? Some deals do require witness or even an official notary to witness it and seal it.

Only an attorney familier with the type of the contract you signed and is knowledgeable in local laws governing in the kind of business you contracted can tell you for sure.

Answer 5

If there is sufficient and adequate consideration on both sides and it is not contra bona mores, then it is enforceable unless there is some other legal reason (eg fraud or duress) for its unenforceability.

However, this will not apply to a contract for the sale of an interest in land nor to a contract expressed as a deed

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Answer 8

in the US any argeement can be a contract. it is just harder to prove if it is not witnessed. i bet it is the same there.
by the same token even a signed and witnessed contract is not valid if both parties do not really agree, like if one is misled or tricked.

Answer 9

Yes it is if you both got a benefit and you can prove it is the parties actual signature. Any ombudsman would hold it as binding.

+++++

Answer 10

not sure but i think it is, depending on what sort of contract u signed