Commentary

1.3 Documents commonly executed as deeds

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

1.3 Documents commonly executed as deeds

| Commentary

1.3 Documents commonly executed as deeds

Some types of document are commonly executed as deeds, even though not strictly necessary. Common situations include:

  1. (a)

        a purchaser of a company requiring the vendors to execute a deed in which they covenant with the company to indemnify it against certain tax liabilities;

  2. (b)

        a bank requiring the execution as a deed of guarantee of amounts which the bank has previously advanced, unless it is clear that the bank is providing consideration; for instance, by refraining from exercising a right to call in the overdraft;

  3. (c)

        assignments1of the main forms of

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