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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - written contract
Definition of written contract
A written contract is a legally binding agreement between two or more parties where the terms and conditions are recorded in a physical or electronic document. This documentation serves as clear evidence of the parties' intentions and obligations, making the agreement more easily enforceable and reducing potential misunderstandings compared to an oral (spoken) agreement.
Here are some examples:
Apartment Lease Agreement: Imagine Maria is moving into a new apartment. Before she gets the keys, she signs a detailed document with the landlord outlining the monthly rent, the duration of the lease (e.g., 12 months), rules about pets, and responsibilities for maintenance. This document is a written contract.
Explanation: This is a written contract because all the essential terms of the rental agreement—such as payment, duration, and specific rules—are clearly documented on paper and signed by both Maria and the landlord. This written record provides undeniable proof of their agreement and can be referred to if any questions or disputes arise during the tenancy.
Software Development Agreement: A startup company, "InnovateTech," hires a freelance developer, David, to build a new mobile application. They sign a document that specifies the app's features, the project timeline, the payment schedule, and who will own the intellectual property rights to the finished software. This document is a written contract.
Explanation: This scenario illustrates a written contract because the scope of work, deliverables, payment terms, and ownership rights are all explicitly detailed in a formal document signed by both InnovateTech and David. This written record ensures both parties have a clear understanding of their commitments and provides a legal basis for enforcement if either party fails to meet their obligations.
Car Purchase Agreement: When John buys a new car from a dealership, he signs a multi-page document that lists the car's make, model, VIN, the agreed-upon purchase price, financing terms, warranty details, and any additional features or services included. This document is a written contract.
Explanation: This is a written contract because all the critical elements of the sale—the item being purchased, the price, payment structure, and conditions—are formally recorded in a document that John and the dealership both sign. This written agreement protects both the buyer and the seller by providing a definitive record of the transaction and its terms.
Simple Definition
A written contract is a legally binding agreement between parties where the terms and conditions are documented in a physical or electronic format. This written record provides clear evidence of the agreement, making its provisions easier to understand, prove, and enforce compared to an oral contract.