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04-Oct-2017 01:00

It is common for two parties, particularly in the commercial context, to enter into a contract at one time, but agree to have the contract come into effect at an earlier time. Courts respect the parties' decision to backdate since giving effect to backdating provisions respects the parties' intentions as well as their freedom of contract., 1968 (the date the contract was delivered to the insured).The Court considered the construction of the whole policy and held that the exclusion clause took effect on the backdated date chosen by the parties.If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.Is it legal to comply with the request or must it always be refused outright?Alternatively, is there a way of legally trying to achieve the required objective?

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The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did.The company attempted to impede the unionization by hiring additional employees that were against the union.