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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2772
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I really need today to make my Initials legally binding on

Customer Question

I really need today to make my Initials legally binding on every piece that I have initialed please.
JA: Where are you? It matters because laws vary by location.
Customer: Plymouth Devon United Kingdom
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 18 days ago.
Category: Law
Expert:  Ed Turner replied 18 days ago.

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Expert:  Ed Turner replied 18 days ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Expert:  Ed Turner replied 18 days ago.

I note that you have not replied to my request for further information. I shall therefore post a “general answer” to your type of legal issue. Please revert to me if I am mistaken as to your type of legal issue or if my answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 18 days ago.

In English Law, a Contract does not have to be in writing and/or signed by the parties to be effective and legally enforceable. It is quite possible for a Contract to be inferred by oral words and by conduct if the five tests for an enforceable Contract are satisfied. The five tests for establishing a Contract are as follows:

1. An “Offer” of goods or services (or something else of value) by the Offeror to the Offeree.

2. “Acceptance” of the Offeror’s Offer by the Offeree.

3. “Consideration” (the exchange of something of value) provided by both parties. For example, the Offeror’s Consideration may be goods or services, whereas the Offeree’s Consideration may be the payment of money in exchange for those goods or services.

4. “Intention To Create Legal Relations”: the Courts are generally unwilling to enforce gratuitous promises, such as a party promising a friend to give them a lift by car to a football match and then failing to turn up on derby day.

5. “Certainty of Terms” in the minds of all parties when the Contract was formed.

In most cases, where money has changed hands in exchange for goods and services, there will be a Contract in existence. However, the fifth and final test of Certainty of Terms often causes problems for the claimant, especially where the contract was not in writing. Claimants often attempt to create new terms retrospectively to claw some of their overheads back from the defendant when a dispute arises, which were not certain in the minds of both parties when the contract was formed. Indeed, it is a common sign of an unscrupulous businessperson if they do not use written contracts as they know that if things go wrong, the court will only enforce the “bare minimum” of terms implied by common law and statute. The claimant may not be able to hold the defendant to all their promises if those terms fail the test of Certainty.

Expert:  Ed Turner replied 18 days ago.

In your case, it is common for parties to initial each page of a contract in, say, the bottom right hand corner.   However, this merely indicates that they have read and understood each page; it is not formal execution of the contract and therefore does not really add to whether the party considers the document a legally binding agreement.

Expert:  Ed Turner replied 18 days ago.

I hope that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and start it with @EdTurner. I will be notified of your request and prioritise it.

Kind regards