Formalities in English law: Difference between revisions

The history of requirements of formality in English law generally shows a gradual shift towards fewer and fewer instances of transaction needing form, as technology and recording of agreements has become more advanced. OriginallyOriginal
ly a contract which was sealed ("made under seal", using a [[Seal (device)|wax seal]]) was treated differently from other written contracts (which were "made under hand"). It was predominantly a mark of [[authentication]]. A document that was "[[Deed|signed, sealed and delivered]]" was taken as secure. Originally, only a wax seal was accepted as a seal by the courts, but by the 19th century many jurisdictions had relaxed the definition to include an impression in the paper on which the instrument was printed, an [[Embossing (paper)|embossed]] paper wafer affixed to an instrument, a ''[[scrollwork|scroll]]'' made with a pen, or the printed words "Seal" or "L.S." (standing for the [[Latin]] term '''locus sigilli''' meaning "place of the seal"). If a seal was in place, common law courts regarded it as removing the need for [[consideration]] to support the contract. It raised, at least, a rebuttable presumption of consideration.