Legal Definitions - innominate real contract

An innominate real contract refers to a type of agreement that does not fit neatly into one of the traditional, named categories of contracts (such as a sale, lease, or loan). What makes it a "real" contract is that it only becomes legally binding and enforceable *after* one of the parties has performed their part of the agreement, typically by delivering a specific item or completing a promised action. The enforceability hinges on this physical delivery or performance, rather than just the initial verbal or written agreement.

Here are some examples to illustrate this concept:

• Example 1: Barter of Service for Goods

  Imagine a homeowner agrees with a local artist that if the artist paints a custom mural on the homeowner's exterior wall, the homeowner will give the artist a vintage motorcycle. This is an innominate real contract because it doesn't fit a standard category like a sale (no money exchanged) or a typical service contract (payment is goods, not cash). It becomes legally binding and enforceable *after* the artist completes the mural (the performance of the service). Once the mural is done, the homeowner is then legally obligated to deliver the vintage motorcycle.

• Example 2: Conditional Exchange of Items

  Consider a scenario where a rare book collector tells a skilled bookbinder, "I will give you my entire collection of first-edition novels if you create a custom, hand-tooled leather binding for each one." This agreement is "innominate" because it's not a standard purchase or a simple gift. It's a "real" contract because it only becomes legally enforceable *after* the bookbinder has completed and delivered all the custom-bound books. At that point, the collector is legally bound to hand over the first-edition novel collection.

• Example 3: Unique Property Use Arrangement

  A landowner tells a neighbor, "You can use my unused pasture for your organic vegetable garden for two years, *provided* you first clear all the invasive weeds and install a new irrigation system." This isn't a standard lease (no rent) or a simple permission. It's an innominate real contract because the neighbor's right to use the pasture (the landowner's "giving") becomes legally binding *after* the neighbor performs the specific actions of clearing the weeds and installing the irrigation system. Once those tasks are completed, the landowner is obligated to grant access for the agreed period.