• Tamara Pester

Contract, Agreement, or Document? All of the above!

Sometimes, clients come to me to beef up informal arrangements they have made for business ventures. Often the parties are friends, and my client doesn’t want to scare his or her friend/business partner with a lengthy legal document. A client will sometimes request “just something showing our agreement, not a formal contract.” The truth is though, these terms are interchangeable. No matter how it is titled, a contract will be enforceable if it is made between two parties, for valuable consideration (usually money, or the promise to act or refrain from doing a particular action), and accepted by both parties, where both parties are competent and have the capacity to enter into an agreement. While I haven’t had the opportunity to review any agreements scrawled on napkins lately, the medium and method of the agreement don’t matter too much — emails, napkin contracts, and “formal” contracts can all be enforceable if they have the requisite elements of a binding contract.

Photo by Mari Helin on Unsplash

0 views0 comments

Recent Posts

See All

If you caught my last blog or Instagram post, you know that I was very interested to see how the She-Hulk alleged trademark infringement lawsuit would play out. In episode 5, the plot dove more into