Effect of backdating a contract book about black women dating outside their race
However, such doctrines are normally limited to situations where one party back dates the contract without the knowledge or consent of the other.
However in practice, for both good reasons and bad, back dating of documents does occur.
The risks of back dating (or misdating) documents accidentally is multiplied in modern commercial transactions by the practice of getting all the documents signed before “completion” and then rushing around dating them afterwards.
In such cases it would be perfectly proper for the parties to re-execute an identical document to replace the missing one.
Slightly more tenuously, where the parties reached a binding agreement on a certain date, but only reduced it to writing on a later date, they might be justified in putting the date of agreement rather than the date of execution if the terms were in fact identical (a more likely scenario given the length and detail of many modern written contracts would be where the terms of contracts are agreed by e-mail on a certain date, but the parties were only available to sign the actual physical documents upon a later date).
This article will try to unpick the various legal threads of when you can and cannot back date documents, and what the consequences will be if you do.