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ARTICLE · 12 FEBRUARY 2019

Agreement or deed: what is the difference?

Article discusses the differences between agreements and deeds.

AustraliaCorporate/Commercial Law

At first glance, Agreements and Deeds appear to be similar. Both documents record and impose legally binding terms on the contracting parties, and are frequently used to avoid the cost, uncertainty and, often undesired, publicity associated with judgments arising out of litigation.

However contractual requirements, methods of execution and time limitations give rise to distinct differences, and parties should be aware of these differences when drafting and executing documents.

Consideration

Agreements are documents that set out ‘bargains’ made between parties where one party promises something to the other party in exchange for something else (otherwise known as consideration).

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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