| Commentary

16.5 Testimonium—modern format

| Commentary

16.5 Testimonium—modern format

In modern commercial contracts, more explicit words may be used which avoid the need for making this distinction, for example, in the case of agreements made ‘under hand’:

‘AGREED by the parties through their authorised signatories [on the date set out at the head of this agreement]

or, if the agreement is executed as a deed:

‘EXECUTED as a deed by parties on the date first above written:’

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