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Legal Definitions - writing
Definition of writing
In legal terms, writing refers to any deliberate creation of words in a visible and retrievable format. This includes not only traditional paper documents but also digital records, as long as the words are intentionally recorded and can be seen and accessed.
Example 1: A digitally signed lease agreement
Imagine a landlord and a tenant finalizing a lease for an apartment. Instead of printing, signing with a pen, and scanning, they use an online platform where they review the terms on their screens and apply electronic signatures to the digital document. This digital lease agreement is considered a writing because the words outlining the rental terms are intentionally recorded in a visual, retrievable electronic format, fulfilling the legal requirement for a written agreement.
Example 2: A text message exchange about a debt
Consider a situation where one friend lends money to another, and they discuss the repayment schedule through a series of text messages. If the borrower later disputes the debt, the text message conversation, where the terms of the loan and repayment were explicitly stated, would be considered a writing. The words were intentionally typed and sent, creating a visible and retrievable record of their agreement, which could be used as evidence.
Example 3: Engravings on a commemorative plaque
A city commissions a bronze plaque to commemorate a historical event, with the date, names, and a brief description of the event carved into its surface. This engraved plaque serves as a writing. The words are intentionally recorded in a permanent, visual form, making the information accessible and retrievable for anyone who views the monument, even though it's not on paper or a screen.
Simple Definition
In legal terms, "writing" refers to any deliberate act of recording words in a visual and tangible format. This encompasses various methods such as handwriting, printing, typewriting, or any other physical means by which words are preserved.