Q&As

Is an offer made by deed only capable of being accepted by complying with the Law of Property (Miscellaneous Provisions) Act 1989 or can it be accepted by conduct?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 06/08/2019

The following Commercial Q&A Produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Is an offer made by deed only capable of being accepted by complying with the Law of Property (Miscellaneous Provisions) Act 1989 or can it be accepted by conduct?
  • Formation of contract
  • Law of Property (Miscellaneous Provisions) Act 1989
  • Summary

Formation of contract

There are only two forms of contract—deeds and simple contracts. See Practice Note: Executing documents—deeds and simple contracts.

A deed is a contract executed under seal, signed by the parties and witnessed.

A simple contract can be oral or in writing. Contracts other than deeds are analysed in terms of offer, acceptance and the intention to create legally binding relations. See: Formation and interpretation—overview.

There are three fundamental differences between deeds and simple contracts:

  1. unlike a simple contract, certain formalities are required for a deed as set out in section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)

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