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Tue 5 Mar, 2019 04:33 am
I am wondering if a witness to a contract can also be a party to the same contract. This question is important to me since me and my wife was taken to court as "trading in partnership"
I signed the contract as the contractor with the customer.My wife signed as a witness. However the customer made a case against both of us as my wife had signed invoices to him when he (the customer) paid money to me. Answers based on case law and not personal opinions will be greatly appreciated. Any case law references will be helpful too Thanks.
@dyingdetective,
Quote:D. THIS SERVICE DOES NOT PROVIDE PROFESSIONAL LEGAL ADVICE. All of the services' content, including postings, is for informational purposes only. The service is not intended to be a substitute for professional legal advice, and no attorney/client privilege is to be inferred from any postings herein. Always seek the advice of a qualified legal professional with questions you have regarding a legal matter. You should not disregard professional legal advice because of something you have received from or read in the able2know service.
AKA hire an attorney. This isn't a forum for free legal advice.
The A2K Maître d'hôtel is factually correct if somewhat abrupt in his communiqué and as you omitted any reference to the continent of your operations, case law is mute.
This opinion therefore appertains to civilized jurisdictions only and therefore may not apply to parts of Boston, New York and Washington D.C.
In general, legislation does not prohibit a signatory’s spouse, co-habitee or civil partner from acting as a witness and it is also generally acceptable for an employee of a party to witness that party’s signature. However, it is best to ensure independent witnesses are sought to ensure unbiased evidence can be provided, if and when required.
The underlying purpose of having a signature witnessed by a third party is for evidential reasons. The witness would be able to confirm that the signature on the agreement is indeed the signature of the party whose name appears.
It does not confirm the bona fides of the contract itself.
Always seek appropriate legal advice before entering court
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