Understanding Certain Contracts: Legal Insights and Definitions

Q: Are certain contracts legally binding?

Yes, as long as the terms are clear and agreed upon by all parties, they are enforceable.

Q: Do certain contracts need to be in writing?

Not necessarily; certain contracts can be verbal, but written agreements are recommended for clarity and enforceability.

Definition & Meaning

A certain contract is a type of agreement where the obligations depend on the will of the parties involved. This means that the actions required under the contract may rely on the desires or decisions of one or more parties, the usual course of events, or the occurrence of a specific event that has been agreed upon. These contracts are often flexible and can adapt to the circumstances surrounding the parties' intentions.

Table of content

Legal Use & context

Certain contracts are frequently encountered in various areas of law, including:

Civil law: Often used in agreements between individuals or businesses.
Family law: May be relevant in agreements related to custody or support.
Commercial law: Common in business transactions where terms depend on negotiations.

Users can manage certain contracts using legal templates available through services like US Legal Forms, which provide professionally drafted documents suitable for various situations.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A couple agrees to sell their house, but the sale is contingent upon the buyer securing financing. This is a certain contract because the obligation to complete the sale depends on the buyer's ability to obtain a loan.

Example 2: A freelance graphic designer agrees to complete a project, but the start date is contingent upon the client providing necessary materials. This is also a certain contract as the designer's obligation is tied to the client's actions.

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	Allows for oral certain contracts in many situations.
New York	Requires certain contracts to be in writing for enforceability in specific cases.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Certain Contracts	Contracts dependent on the will of the parties.	Flexibility based on mutual agreement.
Unilateral Contracts	Contracts where one party makes a promise in exchange for an act.	Only one party is bound to fulfill their obligation.
Bilateral Contracts	Contracts where both parties make promises to each other.	Both parties are obligated to fulfill their promises.

Common misunderstandings

What to do if this term applies to you

If you find yourself needing to create or manage a certain contract, consider the following steps:

Clearly outline the terms and conditions agreed upon by all parties.
Use legal templates from US Legal Forms to ensure your contract meets necessary legal standards.
If your situation is complex, consult a legal professional for tailored advice.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Common in civil and commercial agreements.
May depend on specific events or actions.
Flexibility in terms of obligations based on mutual agreement.

Key takeaways

Frequently asked questions

What is a certain contract?

A certain contract is an agreement that relies on the will of the parties involved, allowing for flexibility in obligations.