ABSTRACT
Deeds. Whether or not supported by consideration, a formal promise made in a deed will be enforced by the courts,3 subject to the defence of non est factum (see post, para 10.16). However, the law relating to the formalities required of a deed was amended by statute in 1989. First, the requirement of a seal has been partially abolished: for the execution of a deed by an individual, statute now requires only that the instrument makes it clear on its face that it is intended to be a deed and that it be signed and witnessed;4 whereas, for execution of a deed by a registered company, another statute requires the deed to be described as such and signed or sealed.5 Secondly, there has been repealed the famous s 40 of the LPA requiring the sale or other disposition of an interest in land to be evidenced in writing (see post, para 9.03).
