Unique: a handwritten judgment in the year 2022

A handwritten agreement is legally valid — even an agreement on a beer mat can result in a binding contract. After all, there are no formal requirements for most agreements: they are formed through offer and acceptance. The fact that a court even issued a fully handwritten judgment in 2022 underscores this point. Below, you can read what this means for your contracts and what you should look out for.

A handwritten judgment in 2022

Long before the typewriter made its appearance in the courts around 1920, judgments were written by hand and entire case files were transferred in a case bag. Nowadays, that is precisely what never happens anymore — and so it was a unique event when the District Court of Northern Netherlands issued a handwritten judgment in 2022, without anything being wrong with the computer.

That case involved a man who did not want to participate in the digital world: he did not take seriously any document that was not handwritten. To guarantee that he could take notice of the ruling, the court issued a handwritten judgment specifically for him, extending the detention order. Such a handwritten judgment is fully valid.

Is a handwritten agreement valid?

Yes. An agreement is formed through offer and acceptance, and for most contracts, no formal requirements apply. As a result, an agreement can even be concluded orally. A handwritten contract is therefore just as legally valid as a typed version. A written contract is primarily important for evidence: it makes it demonstrable afterwards what the parties agreed upon.

Please note: formal requirements do apply to some agreements (think of certain agreements that must be in writing or by notarial deed, such as the purchase of a home by a private individual). Are you unsure whether a formal requirement applies to your agreement? Then have this checked.

An agreement on a beer mat: is that really possible?

It is possible. That an agreement can be legally concluded even on a beer mat is evident from a ruling by the Rotterdam District Court (ECLI:NL:RBROT:2018:10792). Several beer mats with agreements and signatures were presented in that case, and the judge made no issue of it. In fact, in practice, you get more use out of a dirty, original beer mat with real signatures than outright immaculate copy of a typed contract.

Why a neat and clear contract is important after all

The fact that a handwritten agreement is valid does not mean that carelessness is without risk. Ambiguities can cause problems:

• In case of doubt, the judge generally seeks the intention of the parties and interprets the agreement accordingly.
• For clauses presented to a consumer , the contra proferentem rule applies: an unclear clause is interpreted in favor of the consumer. The interpretation most favorable to the consumer then prevails.

Illegible handwriting or vague wording can therefore work to your disadvantage. A neat, legible (or typed) contract prevents a lot of disputes.

Handwritten additions to a typed contract

You can make changes or additions to a typed agreement by hand. It is important that it is clear that both parties accept the change. Therefore, have all parties sign (or initial) every handwritten deviation or addition. This prevents disputes regarding whether the adjustment was actually agreed upon.

Frequently Asked Questions

Does a contract have to be in writing to be valid?

No. There are no formal requirements for most agreements; they can even be concluded orally. Recording them in writing is primarily important for evidentiary purposes.

Is an agreement scribbled on a beer mat legally binding?

Yes, if there is offer and acceptance. The Rotterdam District Court accepted beer mats with agreements and signatures as a valid agreement.

What if my handwritten contract is unclear?

In principle, the judge then interprets it according to the parties' intentions. With regard to stipulations against a consumer, ambiguities are interpreted in the consumer's favor. Clarity is therefore in your own interest.

How do I properly record a handwritten change?

Have all parties sign or initial the handwritten addition or amendment to establish that everyone agrees.

Certainty about your contracts?

Whether an agreement is on paper, on a beer mat, or in a proper contract, the important thing is that what you have agreed upon is clear and demonstrable. A well-drafted contract prevents ambiguity and problems with proof.

Would you like to have an agreement drafted or reviewed? Our contract law are happy to assist you. Schedule a no-obligation consultation.