I've just noticed that an executed document has the wrong date on it. What should I do?

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Published by a ��Ӱ�� Banking & Finance expert

Published on: 27 November 2013

The first thing you need to do is insert the correct date in the document which has been incorrectly dated. It is important that the date on the document accurately reflects the date on which the parties to it intended to be bound by its terms. Normally, this is the date when the parties:

•
signed the document (if it is a simple agreement as opposed to a deed), or
•
delivered the document (if it is a deed)

In the absence of any provision to the contrary in the document, it will be presumed that the date on a document is the date the document took effect. If the date is wrong, there could be confusion about when the document took effect.

How should a document be dated?

It depends whether the document in question is a simple agreement or a deed.

In the case of a simple agreement, the document should be dated with the date on which

Jurisdiction(s):

United Kingdom

Key definition:

Delivery definition

What does Delivery mean?

Delivery is defined in the sale of goods Act 1979, s 61(1) as the 'voluntary transfer of possession from one person to another' which is the point in time when the parties can be seen to have agreed that the legal right to possession of the goods passes from the seller to the buyer. A distinction must be made between the transfer of possession/delivery and the passing of title/ownership.

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