Backdating documents english law


In other words, if you sign that loan agreement today and its effective date is a month from now, you are bound to the agreement starting today even though you will not begin acting on it for a month.Sometimes courts are asked to determine the effective dates of contracts that are completely undated.Gaethke’s brother, who responded to Gaethke’s phone call for help, confirmed that the hotel property was icy throughout.Gaethke’s girlfriend, who also responded to Gaethke’s call, said she slipped herself and that the parking lot contained a sheet of ice.For example, if you decide to loan money to a friend, you may draw up the contract after you’ve already made the loan, in which case you’ll want to backdate the contract, making it so that the interest started accruing the day you loaned the money.Likewise, if you haven’t made the loan yet, you may set the effective date to a future date, so that the interest only starts accruing when the actual loan has been made.Simple contracts have a statutory "limitation period" of six years.

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Here are some guidelines as to what may be possible from a legal perspective.Gaethke alleged that after he slipped and fell on an icy sidewalk at the Crossroads Motel, he crawled to his room in extreme pain and passed out after looking at his leg.The injury required surgery and several days of recovery in the hospital.Sometimes you will want the effective date to be different from the date of signing, either earlier (i.e., backdating) or later (i.e., predating).Either is acceptable, provided that both you and the other party intended it.To be clear, having a later effective date does not mean that the contract will not be binding until that later date.

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