2.6 SEAL AND OTHER VIRGINIA FORMALITIES
2.601 Promises Under Seal. The use of seals on contracts has evolved over the years. What began as a prerequisite to all valid contracts, namely, sealing a legal document with wax or an embossed imprint of some kind, is now a very rare practice. Not only is a seal no longer essential in forming a valid contract, but the Virginia legislature has made the seal a superfluous item. 104 "Any writing . . . affixes a scroll by way of a seal . . . or their signatures, and which writing in its body says 'this deed,' or 'this indenture,' or other words importing a sealed instrument . . . shall be of the same force as if it were actually sealed . . . ." 105 A seal, though not required to form a valid contract, can be evidence of sufficient consideration. In Hopkins v. Griffin, 106 the court provided:
In a contract under seal, a valuable consideration is presumed from the solemnity of the instrument, as a matter of public policy and for the sake of peace, and presumed conclusively, no proof to the contrary being admitted either at law or in equity so far as the parties themselves are concerned. 107
As a result, a contract without adequate consideration other than a seal affixed to it is considered a valid contract under Virginia law, despite there being no requirement that a contract be sealed. However, there is an
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exception to this rule under the UCC with respect to contracts for the sale of...
