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Simple English definitions for legal terms
incomplete instrument
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A quick definition of incomplete instrument:
An incomplete instrument is a paper that was meant to be a legal document, but is missing something important. It can still be enforced if the missing part is added later. For example, if someone writes a check but forgets to fill in the amount, they can still complete it and use it as a valid payment.
A more thorough explanation:
An incomplete instrument is a paper that was intended to be a negotiable instrument but lacks an essential element. It is not yet a complete legal document. However, it can still be enforced if it is subsequently completed.
- A check that is missing the name of the payee is an incomplete instrument.
- A promissory note that does not state the interest rate is an incomplete instrument.
These examples illustrate how an incomplete instrument is missing a crucial piece of information that makes it legally binding. However, if the missing information is added later, the instrument can still be enforced.