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Legal Definitions - informal contract

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Definition of informal contract

An informal contract is a legally binding agreement that does not require specific formalities, such as being in writing, signed, or sealed, to be enforceable. While it lacks these formal requirements, it must still contain the fundamental elements necessary for any contract to be valid: an offer, acceptance, consideration (something of value exchanged), an intention to create legal relations, and parties with the legal capacity to enter into an agreement. Most everyday contracts fall into this category.

Here are some examples illustrating informal contracts:

  • Purchasing a Coffee: When you walk into a coffee shop, order a latte, and pay for it, you've entered into an informal contract. The coffee shop offers to sell you a drink (the offer), you request and pay for it (acceptance and consideration), and both parties intend for this transaction to be legally binding. No written agreement or signatures are needed for this everyday exchange to be a valid contract.

  • Verbal Agreement for Lawn Mowing: Imagine you verbally agree with a neighborhood teenager to mow your lawn every two weeks for a set fee of $40 per session. This is an informal contract. You made an offer for a service at a specific price, and the teenager accepted. The act of mowing the lawn and your payment constitute the consideration. Even without anything in writing, both parties are expected to uphold their end of the agreement, and it would be legally enforceable if one party failed to perform.

  • Hiring a Freelance Designer: You contact a freelance graphic designer via email to create a logo for your new business. You exchange several emails discussing the scope of work, the deadline, and the agreed-upon fee of $750. Although no formal contract document is signed, the email exchange clearly outlines the offer, acceptance, and consideration, demonstrating an intention to create a legal relationship. This communication forms an informal contract, making the designer obligated to deliver the logo and you obligated to pay the agreed fee.

Simple Definition

An informal contract is a legally binding agreement that does not require a special form, such as a seal or specific written document, to be valid. It is enforceable as long as it contains the essential elements of a contract, like offer, acceptance, and consideration, demonstrating the parties' intent to be bound.

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