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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111450
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Does the answer you give apply to, Chesterfield AND Henrico

Customer Question

Does the answer you give apply to Virginia, Chesterfield AND Henrico Counties?
If not, please don't answer.
Does an Agreement have the same legal weight as a Contract? Exceptions?
Exactly how can you identify a non-legal binding agreement?
Submitted: 1 year ago.
Category: Business Law
Expert:  Trial Lawyer replied 1 year ago.

An Agreement and a Contract are the same thing. Legally speaking, 3 elements must exist to prove a legally binding contract:

1. an offer - this can be the proposed agreeemnt

2. acceptance - this is evinced by signing the proposed agreement.

3. consideration - this is the thing of value exchanged to make the agreement binding. Depending on the nature of the contract, a promise to abide by the agreement is usually sufficient.

Contract analysis is very fact intensive. Can you tell me as much as you can about the agreement in question? I will then engage in the analysis necessary to determine whether it is binding or not. A side note, verbal agreements can be binding. YOu may want to start by telling me if this is a verbal agreement or not.

Expert:  Trial Lawyer replied 1 year ago.

I'm happy to help with this whenever you are ready, just respond to pick up where I left off.

In the meantime, best of luck,

Erick

Customer: replied 1 year ago.
Thank you Erick.But I wanted each question answered as asked. I don't wish to provide more info at this time.
The questions are direct and simple. Please answer all of them directly and specifically. No, not verbal. Not even created yet. Potential contractor wants a non-binding agreement!!!
Expert:  Trial Lawyer replied 1 year ago.

My answer applies to Virginia law. An Agreement and a Contract are the same things. The remaining questions cannot be answered within time limit given to me. I'd love to help, but need more information.

Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR.

The previous expert was correct. I am afraid it appears that you just may not understand legal terms and that may be causing you confusion. A contract and agreement are the same thing. If a contract or an agreement are signed by the parties, they are binding on all parties to the agreement, unless the contract states something differently.

Parties are free to contract to terms they choose. So once the parties meet the elements stated by the previous expert and they sign the contract agreeing to those terms the contract is legally binding unless the contract itself says it is not binding.

There is no such thing as a "non-legal binding agreement." There is either a contract/agreement or not. If there is a contract/agreement then it is legally binding on the parties unless the agreement itself says it is not binding on the parties.

If a contract/agreement does not meet the elements described by the first expert, then the contract can be deemed invalid and not binding. If either party breaches the contract, failing to abide by its terms, then that can render the contract void at the discretion of the non-breaching party.

Base on the limited information you provided above this answers all of your remaining questions.

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