A contractual agreement is a legally binding agreement between two parties. The contract's terms and conditions will require the parties to either do or refrain from doing specific actions. A contractual agreement is legally enforceable if it meets these specific requirements:
Contractual agreements come in many different forms and are used for various purposes like employment contracts , business contracts , and sales contracts . Most people don't realize that something as simple as purchasing an item from a store is a contractual agreement.
If either party breaches the terms of the contract, the party not in breach has the option to file a lawsuit. If the judge determines that the contractual agreement was valid by meeting all the contract requirements, the court can order completion of the terms of the contract or compensation for monetary damages.
For a more detailed definition of a contractual agreement, click here.
The purpose of a contractual agreement is to serve as a record of the agreement between the two parties. By entering into a contractual agreement, both parties are legally obligated to the terms of the contract. Contractual agreements protect both parties by ensuring that they both follow through on the agreed-upon terms and conditions .
Some things to consider when entering into a contractual agreement include:
Formalities: Although an oral contract can be enforceable in some cases, it is best to have a contract in writing. When terms are written, there is less of a chance of varied interpretations. Having a written contract also proves that the contract exists.
Signatures: Written contracts should be signed by both parties involved in the contract. The signer of the contract needs to be legally competent and cannot be under the influence of any substances, mentally ill, or under 18 years old.
Read this article for more information about the purpose of a contract.
Meet some lawyers on our platformSeveral different types of contractual agreements can be used for different kinds of agreements and transactions. Some of the more common types of contracts include:
There are various examples of when to use a contractual agreement. Anytime two parties enter a business deal where money, goods, or services are being exchanged, a contractual agreement should be utilized.
Contracts legally bind both parties to the duties they have agreed to perform and provides a record of that agreement. In addition, the contractual agreement provides a recourse should one party breach and not perform their duties.
Some common examples of when to use a contractual agreement include:
Partnership Agreement. A partnership agreement is used when two or more people decide to go into business together. It will outline each partner's share in the company and all duties and responsibilities of each party.
Employment Agreement: Sometimes, when a company hires a new employee, the employee is required to sign an employment agreement . This contract will outline important employment details like pay, benefits, term of employment, and grounds for termination.
Non-disclosure Agreement (NDA): An NDA is a confidentiality agreement used to ensure one party does not share a business's proprietary information. This keeps confidential or sensitive business information safe within the company.
Indemnity Agreement: An indemnity agreement , much like a liability waiver , protects a company from liability for any loss or damage experienced by someone else. These are often seen when businesses are involved in high-risk activities. When a person goes skydiving, they will sign an indemnity agreement where they release the skydiving company from liability in the event an injury occurs.
Lease Agreement: Lease agreements are used whenever one party is renting a property from another party. This can be seen in residential lease agreements or commercial lease agreements . This agreement will lay out terms like the property being rented, use of the property, rental cost, and who is responsible for paying additional expenses associated with the property.
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Although contracts will vary greatly depending on the parties and the agreement, an effective, legally enforceable contract should include the following key elements:
Element 1: Obligations and Conditions: The contract should detail the specific agreement and the obligations and conditions required by each party.
Element 2: Performance: Performance describes how each party is to complete their obligations and conditions.
Element 3: Payment Terms: Payments can be made monetarily, with goods, or with services.
Element 4: Breach of Contract: The contract should include repercussions if either party breach.
Some option elements that often be found in contracts but are not required include:
Arbitration Clause: Arbitration clauses prevent disputes from going to court and instead are handled by an independent arbitrator. These clauses are often seen in credit card contractual agreements
Force Majeure Clause: A force majeure clause voids the contract should an event occur that is out of the control of either party. For example, a natural disaster destroying a house that is in escrow.
For more examples of clauses that are commonly found in contracts, check out this contract clause guide.
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How ContractsCounsel Works Hiring a lawyer on ContractsCounsel is easy, transparent and affordable. 1. Post a Free Project Complete our 4-step process to provide info on what you need done. 2. Get Bids to Review Receive flat-fee bids from lawyers in our marketplace to compare. 3. Start Your Project Securely pay to start working with the lawyer you select.Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.
