Eleanor Finch
A written instrument is a legal term for a formally executed written document that can be attributed to its author and expresses a legally enforceable act, contractual duty, obligation, or right. It is used as evidence to prove the existence of an act or agreement. Written instruments can include a wide range of documents, such as agreements, bills of sale, invoices, certificates of authenticity, and prospectuses. They can also be used to specify changes in work, contract price, or contract time. In the past, written instruments were often sealed with wax or stamped to simplify authentication and enforcement, but this is no longer a requirement in most jurisdictions. However, falsifying or materially altering a written instrument with the intent to defraud is considered forgery.
| Characteristics | Values |
|---|---|
| Definition | Any paper, document, or other instrument containing written or printed matter or the equivalent thereof |
| Purpose | Used for reciting, embodying, conveying, or recording information |
| Types | Money order, check, cashier's check, negotiable instrument, agreement, bill of sale, invoice, certificate of authenticity, catalog, memorandum, deed, bond, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body |
| Formal Execution | Formally attributed to its author, records, and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right |
| Authentication | Historically, instruments were authenticated by being sealed with wax or stamped; today, most American jurisdictions have removed this requirement |
| Alteration | Falsely altering a written instrument without authorization is a crime of forgery |
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What You'll Learn
Written or printed agreement
A written or printed agreement is a type of written instrument. A written instrument is a legal term for any formally executed written document that can be attributed to its author and expresses a legally enforceable act, process, or contractual duty, obligation, or right.
Written instruments are used as evidence to prove the existence of acts or agreements. They can include a wide range of documents, such as a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body.
In the context of a written or printed agreement, a written instrument can refer to a contract or a memorandum of understanding. It is a formal record of an agreement between two or more parties and outlines the terms and conditions that have been agreed upon.
A written instrument in the form of a written or printed agreement typically includes the following key elements:
- Identification of the parties: The agreement should clearly state the names of the parties involved and their roles in the contract.
- Terms and conditions: This section forms the core of the agreement and outlines the specific terms, conditions, rights, and obligations that each party has agreed to.
- Timeframe: The agreement may include specific dates or timelines for when certain actions or obligations must be fulfilled.
- Signatures and authorization: Written instruments are typically signed by the involved parties or their authorized representatives, indicating their agreement to the terms.
- Amendments and modifications: The agreement may include provisions for how changes or amendments can be made to the original agreement.
- Dispute resolution: In some cases, the written instrument may outline steps for resolving disputes or conflicts that may arise during the course of the agreement.
It's important to note that the specific requirements and format of a written or printed agreement may vary depending on the jurisdiction and the nature of the contract.
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Bills of sale
A bill of sale is a written instrument that records the transfer of ownership of goods from one person to another. It is a legally recognised documented record of a transaction and can be used in a wide variety of transactions, including the sale of goods, exchanges, gifts, or mortgages.
The term "bill of sale" originally referred to any writing that effected or evidenced the absolute disposition of personal property for value. It is a formal document that details the sale of goods or transfer of property, and it can be quite simple or quite complex depending on the type of transaction. For example, a typical retail purchase receipt is considered a bill of sale, as it details the specific goods sold and the price paid.
There are two main types of bills of sale: absolute and conditional. An absolute bill of sale is a simple document evidencing the sale or transfer of goods without any conditions or restrictions on the buyer. It is commonly used in transactions involving payment in full and items sold in "as is" condition, such as a full cash purchase of a motor vehicle. On the other hand, a conditional bill of sale represents the transfer of personal property as security for the payment of money. It creates a security interest in favour of the grantee, who is given the personal right of seizure. A common example of a conditional bill of sale is when a creditor gives a loan and transfers the title of the debtor's goods or property to themselves as collateral, while the physical goods remain with the debtor.
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Money orders
A "written instrument" is a broad term that refers to any paper, document, or other written or printed material used to convey or record information. It can include agreements, bills of sale, invoices, certificates, and more. In the context of money, a "written instrument" can refer to a money order, cheque, or other negotiable instruments.
To obtain a money order, you will need to fill out a form with the recipient's name and the amount they should receive. Domestic money orders usually have a maximum limit of $1,000, so multiple orders may be needed for larger amounts. It's important to fill out the money order carefully and keep good records, as it is typically a one-off purchase. The issuer's name and the amount to be cashed will also be displayed on the money order, excluding any fees charged.
International money orders are a popular way to send money abroad quickly and inexpensively. They do not need to be cashed in the country of issuance, making them a simple and efficient method for international transfers. Money orders can be cashed or deposited into a bank account, and they are readily accepted and converted to cash. They are often used by individuals without access to a standard checking account.
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Incomplete written instrument
A written instrument is a document or paper containing written or printed information, which is used to record or convey details of a transaction or agreement. It can be a written or printed agreement, a bill of sale, a money order, a check, an invoice, or a certificate of authenticity, among other things.
An incomplete written instrument is a signed writing that, at the time of signing, appears to be incomplete but is intended to be completed with additional words or numbers. It contains some matter by way of content or authentication but requires more information to be considered a complete written instrument. For example, a check without the name of the payee or a promissory note that does not state the interest rate.
An incomplete instrument is not yet a complete legal document, but it can still be enforced if the missing information is added later. This is called 'completing' the instrument, and it can be done by someone other than the original signer, as long as they have the authority to do so. However, changing an incomplete or complete written instrument without the proper authority is considered 'false completion' or 'false alteration' and is not allowed.
In the context of a city contract, a written instrument may refer to a document prepared by the city and signed by the relevant parties, specifying any changes to the work, contract price, or contract time. This type of written instrument is essential for making official changes to the terms of the agreement.
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Legal documents
A legal instrument is a term used for any formally executed written document that can be attributed to its author and expresses a legally enforceable act, contractual duty, or obligation. Legal instruments include certificates, deeds, bonds, contracts, wills, and legislative acts.
In the past, legal instruments were often written under seal with a wax or paper stamp to prove authenticity. However, this is no longer a requirement in most jurisdictions, and with the advent of the internet and electronic devices, legal instruments are increasingly being created and stored digitally. Most American courts now prefer the filing of electronic legal documents over paper. Despite this, there is not a public law that unifies the different standards of document authentication, and so the specific requirements of the court must be known before filing.
To address this, the United States Congress enacted the Electronic Signatures in Global and National Commerce Act in 2000, specifying that no court could fail to recognize a contract simply because it was digitally signed. This law is permissive in that it makes any electronic character in a contract sufficient. However, it is also restrictive in that it does not force the recognition of some document types in electronic form, regardless of the electronic character. Several other nations and international bodies have also enacted statutes and regulations regarding the validity and binding nature of digital signatures.
Despite the move towards digital legal instruments, it is important to note that falsifying or materially altering a legal instrument with the intent to defraud is a crime. Legal instruments must be interpreted correctly and can be used as evidence to secure legal rights and obligations.
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Frequently asked questions
A written instrument is any paper, document, or other written or printed matter used to record or convey information. It can be a written agreement, bill of sale, invoice, certificate, deed, contract, will, etc.
A complete written instrument is one that is fully drawn with respect to every essential feature. An incomplete written instrument contains some matter by way of content or authentication but requires additional information to be complete.
A legal written instrument is a legal term for any formally executed written document that can be attributed to its author and expresses a legally enforceable act, process, or contractual duty, obligation, or right. It serves as evidence of the act, process, or agreement.
