Deeds of Agreement
An agreement contains provisions that will protect our interests as much as possible. The formation of a contract requires certain steps or elements before it will be legally binding. They are: offer, acceptance, consideration and in some cases the formality of a written document.
To write a deed of agreement we may consider the following rules:
- Find the following questions: Who, what, where, when, why, and how?
- Take time to write an agreement to minimize error.
- Use simple clear language. But one can use technical language if each of the parties understands it.
- Each of the provisions in the agreement should use active voice, be direct and to the point.
- Write out dates, numbers, payment amounts and proper nouns, so there will be no confusion in the agreement.
- Try to use short separately numbered paragraphs.
- Alternate the parties agreements or concessions in separate paragraphs dealing with one issue only.
- Be specific as to details such as time, place, method of payment etc.
- Agreements can be organized chronologically by task or by legal issue.
- Use headlines to keep every point clear.
- Use correct punctuation, spelling and layout.
The following components should be included in a deed of agreement for proper execution:
- Description of the deed ( Headline/Caption of the Deed)
- Date
- Description of the parties
- Recitals. For example: WHEREAS the parties to this deed is desirous to………….
- Description of subject matter, transfer or conveyance, price consideration etc.
- Testatum that is the operative part of a deed. For example: NOW THIS DEED THEREFORE WITNESSES as follows: …………….
- Description of the conditions or terms that are agreed by the parties.
- Testimonium. For example: IN WITNESS WHEREOF the parties hereto have signed this deed of agreement on the date first mentioned above…..
- Signature and attestation.
There are some formats of different Agreements: