What Are Contracts?
What Are Contracts?
A contract is legally binding between two or more parties that are in agreement. A contract is a safe way in which all the parties promise that certain rights and obligations will be fulfilled by each member who signed the contractual agreement. To put it more easily, a contract is based on a promise that each singing member agrees to satisfy.
What is the Enforceability of a Contract?
But not any contract can be enforceable. For an agreement to be enforced by a court of law, it must meet certain criteria first:
- Offer and acceptance – There must be a clear offer from one party, while the other party must accept the offer.
- Capacity – Both parties must have the legal capacity to enter into a contract. This means that if we want our contract to be enforceable, we can’t be under the legal age and we can’t be under the influence of alcohol or drugs.
- Consideration – Both parties must receive something of value in exchange. This means that we will both benefit from this exchange.
- Legality – The contract shouldn’t be illegal or against legal standards. And we can’t create an agreement for something illegal.
It’s important to note that a contract isn’t enforceable if one of the parties fails to fulfill their obligations under the contract. And if our contracts aren’t enforceable, it’s as if we never had a contract at all.
Is there a difference between binding and enforceable contracts?
There is no difference between binding contracts and enforceable contracts. A binding contract is any contract that is enforceable. This means that once the contract we signed is enforceable, the contract becomes legally binding.
What is the Purpose of a Contract?
A contract’s goal is to establish and formalize new relationships between each agreeing party, setting clear legal obligations that each member needs to fulfill. So, a contract starts with a promise that is transformed into a legal obligation for each member who signed it.
Although, today we have most contracts bounded between businesses, as individuals we still have to sign contracts, such as when buying a house, accepting a job offer, or selling a property. And, for a business owner, having the right contracts will keep your work safe and your mind at ease. But, if you are just starting out, this whole process of drafting the right contract can be more difficult and stressful. So, this is where business and contract management platforms intervene and save the day.