Agreement Counterparts Provision

For several decades, copiers and printers have been producing originals and their equivalents, as if they were both original. At that point, the quid pro quo clause became totally absurd. If the contract or instrument does not contain a “counterparty clause”, can the parties still perform each other`s contract or instrument? From a technical point of view, when the parties execute several copies of the same agreement, the copies are in fact duplicates and not counterparties. This is why some lawyers refer to duplicates when discussing a counterpart clause. Even if the counter-clause is no longer really necessary, many jurisdictions still contain it. In Europe, the clause is considered superfluous. Contract law can change over time, as we see, given how useless a kind of counter-clause has become.

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