Also known as: acts and deeds · deed
Written by attorneys · grounded in primary & secondary sources — see below
A formally delivered written instrument that memorializes a bargain or transaction. Delivery with intent to be bound completes the instrument as the party's act and deed.
Select any source to read its text and confirm it supports the definition.
Abigail Alvarez signed a contract to buy a warehouse from Atlas Ventures. Before closing a fire destroyed the building. Atlas delivered the deed at closing as its act and deed. Abigail bore the loss under the majority rule and could not rescind.
Andre Antoine accepted a deed from Argonaut Shipping after closing on waterfront land. The contract had promised clear title but the deed omitted that promise. Argonaut's delivery of the deed as its act and deed extinguished the contractual title warranty.
Arthur Abrams executed a transfer on death deed naming Aurora Biotech as beneficiary. He delivered the instrument as his act and deed to take effect at his death. The deed transferred the warehouse without probate.
Ariana Azizi accepted a deed from Anchor Bank at closing on an office building. The contract had required roof repairs but the deed contained no such covenant. Anchor's delivery of the deed as its act and deed discharged the repair obligation.
Anika Anand purchased land from Amber Alonzo. An earlier easement appeared only in a deed to a stranger outside Anika's chain. The prior deed was never delivered as an act and deed within Anika's chain and gave her no constructive notice.
Atlas Ventures accepted a deed from Abigail Alvarez after closing. The contract contained a merger clause and an oral promise to remove an old shed. Alvarez delivered the deed as her act and deed. The clause and merger barred enforcement of the oral promise.
Delivery requires the grantor to hand over the instrument with present intent to pass title. The phrase historically confirmed that the signed writing was the party's binding act and deed.
Supporting sources
Merger discharges promises not repeated in the deed unless they concern fraud, mutual mistake, or collateral matters. Title-related covenants typically merge while physical-condition promises may survive.
Under the majority rule risk passes to the buyer at contract formation. The seller holds legal title only as trustee for the buyer after the contract is signed.
…action brought in federal court under the diversity jurisdiction. Pennoyer, the defendant in that action, held the land under a deed purchased in a sheriff's sale conducted to realize on a judgment for attorney's fees obtained against Neff in a previous action by one Mitchell. At the time of Mitchell's suit in an Oregon…