Oa6 Module 6

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HANDLING LEGAL DOCUMENTS

KINDS OF AGREEMENTS OR CONTRACTS:

 There are agreements to buy and sell property or services.


 There are agreements to rent or lease property.
 To employ individuals
 To grant authority to one person to act on behalf of another.
 Or grant the right to purchase stock in the company.

Many of these have the simple title AGREEMENT, but others have a special purpose and are
headed with a more specific title.

PARTIES INVOLVED TO AN AGREEMENT or CONTRACT:

Agreement it involves more than one person, companies, or organizations. Those who consent to
the terms of the agreement are known as parties to the agreement. Many lawyers prefer to name
the parties in terms of their roles in the transaction, such as:

1. Seller and purchaser or buyer

Seller is the individual, company, or entity that offers goods or services for sale to
potential buyers. The seller is responsible for providing the products or services, setting
the price, and ensuring the quality and delivery of the items to the purchaser. The seller
aims to make a profit by selling goods or services to customers.

Purchaser also known as the buyer or customer, is the individual, company, or entity
that acquires goods or services from the seller in exchange for payment. The purchaser is
interested in obtaining the products or services that meet their needs or requirements. The
purchaser pays the agreed-upon price to the seller in exchange for the goods or services.

2. Grantor and Grantee

The grantor is the individual or entity that transfers ownership or interest in a property to
another party. The grantor is the party that holds the legal title to the property and
willingly conveys that title to the grantee through a legal document known as a deed. The
grantor is essentially the seller or transferor of the property.

The grantee is the individual or entity that receives the ownership or interest in a
property from the grantor. The grantee is the party that acquires the legal title to the
property through the deed provided by the grantor. The grantee is essentially the buyer or
recipient of the property.
3. Employer and Employee

The employer is an individual, company, organization, or entity that hires and pays
employees to perform work or services. The employer is responsible for providing a safe
working environment, paying wages or salaries, offering benefits, and ensuring
compliance with labor laws and regulations. Employers also have the authority to direct
and supervise the work of employees.

The employee is an individual who is hired by an employer to perform work or services


in exchange for compensation, such as wages or salaries. Employees work under the
direction and control of the employer and are typically subject to company policies, rules,
and regulations. Employees have rights, such as the right to fair compensation, a safe
work environment, and protection against discrimination.

4. Lessor and Lessee

The lessor is the individual or entity that owns the property or asset and grants the right to
use or occupy it to another party. The lessor is essentially the landlord or the
person/entity leasing out the property. The lessor retains ownership of the property
throughout the lease term.

The lessee is the individual or entity that pays a specified amount of money to the lessor
in exchange for the right to use or occupy the property for a specified period. The lessee
is essentially the tenant or the person/entity renting the property. The lessee has the right
to use the property according to the terms and conditions of the lease agreement.

5. Agent and principal

The agent is an individual or entity authorized to act on behalf of another person or


entity, known as the principal. The agent has the authority to make decisions and perform
actions on behalf of the principal within the scope of the agreement.

The principal is the person or entity that authorizes the agent to act on their behalf. The
principal delegates certain powers or responsibilities to the agent, and the agent is
expected to act in the best interest of the principal.
HOW TO EXECUTE AND SEAL LEGAL DOCUMENTS:

1. To be legally binding, documents must bear the signature of the parties named in the
document.
2. The signatures of the parties named in the documents except the last page.
3. When the documents are properly signed, they are said to be executed.
4. And documents are legally enforceable only after they have been signed and
executed.

TESTIMONIUM CLAUSE:

1. Execution generally requires a final paragraph in the document known as the testimonium
clause. “IN WITHNESS WHEREOF, the parties hereto signed this agreement the day
and year first above written. Some lawyers prefer to start his clause with “IN
TESTIMONY WHEREOF”

2. When the testimonium clause serves two purposes:

a. It states the date indicated on the documents is the date it is to be executed.


b. It also names the parties who will sign the document on the lines provided below the
clause for the execution of the document.

NOTARY PUBLIC:

Here are some important matters to know about being an authorized notary public:

1. The lawyer serves as notary public.


2. When the lawyer is granted to the notary, the notary public may then purchase a notary’s
kit.
3. This kit includes the notary’s seal, which may be made of metal; or it may be a rubber
stamp.
4. The wording on the seal may contain the following:

Includes the number of notary’s license.


It also the license and the expiration date of the authority for notary public.

This information is indicated on the document below the rule for the lawyer’s signature.

AFFIDAVITS:

Lawyers are often asked to prepare notarized papers in which the maker then known as
the affiant, swears under oath to the truth of the statements they contain.

The sworn statements are known as affidavits.


THE JURAT:

The legal document must bear the notary’s signature and the official seal and a statement that the
document was signed in her presence and sworn to under oath. This section of the affidavit,
known as jurat, also indicate the date when it was signed.

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