What is Binding Agreement: Everything You Need to Know
What is binding agreement? At its most basic, a binding agreement is a contract between two parties that can be legally enforced.3 min read
2. Important Parts of a Binding Agreement
What is binding agreement? At its most basic, a binding agreement is a contract between two parties that can be legally enforced.
How Do Binding Agreements Work?
A contract is an agreement between multiple parties that is legally binding. Binding agreements, which are legal contracts, can be enforced under laws at both the federal and state levels. The phrase binding agreement is commonly used to indicate that two parties have knowingly entered into an agreement and that the parties are now responsible for actions described by the contract.
If you sign a lease for an apartment rental, this agreement is considered legally binding, and both you and the person leasing the apartment must now fulfill certain responsibilities. When there is a dispute related to the fundamentals of a contract or there has been a breach of contract, the parties may need to resolve the case in court.
The court will examine the facts of the dispute and will decide if a breach has actually occurred. There are several elements that courts will consider to determine if an agreement is legally binding and if one of the parties has breached the agreement.
Important Parts of a Binding Agreement
Before an agreement can be a legally binding contract, two factors must exist. First, there must be an agreement in place between two parties. Second, the agreement needs to include consideration.
In addition to an agreement and consideration, there are a variety of provisions that will be included in a legal contract:
Depending on the nature of the contract, agreements can either be written or verbal. Some contracts, however, must be in the written form. Contracts whose duration is more than one year and real estate contracts must be written. There can be different legal requirements for contracts, depending on your state. Always reference state laws when drafting your contract, to make sure that it will be legally binding.
In every contract, an offer must be made from one party to another. Contracts will usually include a set time frame for accepting the offer. Offers must be exact, meaning they cannot include estimates or letters of intent. If the offer is not accepted within the time frame included in the contract, it will lapse. Offers can also lapse if they are withdrawn.
Acceptance occurs when a party agrees to the offer extended by the other party. Only the exact terms of the offer can be accepted. If the party receiving the offer proposes new terms, this would not be considered acceptance. Instead, this would be a counteroffer. There can be multiple counteroffers before acceptance occurs. It does not matter which party makes the final offer. Acceptance is the only thing that matters. Once acceptance occurs, negotiations will end, and the contract will be established. A party can provide acceptance in several different ways. In most cases, acceptance will occur in writing. It is also possible, however, to provide acceptance verbally or through performance.
Another important element of a binding agreement is that both parties intend that the agreement has legal consequences. Every party in the contract must indicate that they recognize that they are required by law to follow the contract and that the agreement can be legally enforced. When the parties acknowledge that the agreement is legally binding, the contract does not need to specifically state this fact. On the other hand, if the parties do not wish to be legally bound by the contract, they must make sure that the contract clearly states this desire.
A contract is only binding if it includes valuable consideration. Essentially, consideration means that one party promises to give something of value to the other party. This can be a monetary payment, an action, or anything else that the parties deem of value.
There are several provisions in a contract that are related to consideration:
- Conditions and Obligations: These are the actions that each party needs to take to fulfill the contract.
- Performance: A measurement of how each party upholds their end of the contract.
- Payment Terms: A time frame in which the payments described in the contract need to be made.
If you need help determining what is a binding agreement, you can post your legal needs on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.