Un-witnessed contract

[ktpix]

Hi, I have just been reviewing my husband's contract - he is a freelance journalist - with his publisher. There are a couple of clauses we want to discuss with the other party but during the review we realised that on his copy the publisher's signature has not been witnessed.
Does this in any way invalidate the contract, and if so on who's part?
Any help would be greatly appreciated.
Thanks

[Buenchico]

A contract doesn't require a witness for it to be valid. It doesn't require a signature. It doesn't even require a written document. (Every time you buy something in a shop you've entered into a contract with the vendor).

Having a witness to a signature might be regarded as a wise precaution in certain circumstances but the absence of a witness in no way invalidates the contract. (People like Richard Branson will sign contracts involving millions, or possibly billions, of pounds. I doubt that Mr Branson has ever had anyone witness his signature except when writing his will. It's simply not required for a normal contract).

Chris

[jno]

I suppose it could be an issue if you (or he) wanted to prove the signature had been faked; but otherwise it doesn't matter.

[SRH]

Is he a member of the National Union of Journalists? If so they would be able to help him and give free legal advice.

www.nuj.org.uk

[MustafaTickl]

It pays to be a lot more aware than the answers above suggest. If the publisher is a Ltd Co or a PLC it is prudent to enquire of the Company Secretary who has the power to sign contracts and commit the company to the terms and conditions of the proposed contract. If you are not present when the contract is signed then it is sensible to ensure that the signature is witnessed. And also with a Ltd Co or PLC you should ensure that the Company Seal is embossed. A contract with a private person should also have the signature witnessed if you are not present when it is signed and if the contract is significant to you then make it a condition that the signature is witnessed by a Notary Public.
I have dealt with capital contracts of the sort someone above says that the"smiling assassin" might sign down to minor contracts for a few hundred for well over the past fifty years. Many times I have been confronted by attempts at repudiation because the employers signatory was not authorised and/or the signature is alleged to be fraudulent. If the contract is that you do the work first then get paid the ensuing shenanigans to get your money is expensive, time consuming and always ends you up with a loss.