At one organization, the specific terms of a contract require both the promisor and promisee to sign the contract in the presence of an independent witness. What is the primary role to the witness to these signatures?
A.
A witness verifies the quantities of the copies signed.
B.
A witness verifies that the contract was signed with the free consent of the promisor and promisee.
C.
A witness ensures the completeness of the contract between the promisor and promisee.
D.
A witness validates that the signatures on the contract were signed by the promisor and promisee.
In contract law, a witness's primary role is to confirm that the signatures on the contract were made by the actual parties (promisor and promisee) and that they signed it in the witness’s presence. This helps prevent disputes regarding forgery or coercion.
(A) A witness verifies the quantities of the copies signed.
Incorrect: The witness's role is not to verify how many copies were signed but rather to confirm authenticity.
(B) A witness verifies that the contract was signed with the free consent of the promisor and promisee.
Partially correct but not the primary role: The witness’s presence may discourage coercion, but their main function is not to confirm free consent (that is a legal principle covered by contract law and not necessarily the witness's duty).
(C) A witness ensures the completeness of the contract between the promisor and promisee.
Incorrect: The completeness of the contract is the responsibility of the parties involved, not the witness.
(D) A witness validates that the signatures on the contract were signed by the promisor and promisee. (Correct Answer)
This aligns with the legal definition of a witness in contract law: verifying the identity of signatories and ensuring that they physically signed the contract.
The witness does not interpret the contract's terms or validate its content, only the signatures.
IIA Standard 2410 – Criteria for Communicating: Requires auditors to confirm the authenticity and validity of documents.
IIA Standard 2330 – Documenting Information: Supports the principle of ensuring reliable and complete documentation.
Contract Law Principles: A witness’s role is to verify the signatories’ identities and confirm they signed the document in their presence.
Analysis of Each Option:IIA References Supporting the Answer:Thus, the correct answer is (D) because a witness’s main duty is to validate that the contract was signed by the identified parties, ensuring authenticity and reducing legal disputes.
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