What makes a contract legally binding?

Creating a contract can offer you a peace of mind. However, contract law can be complex. It is essential that you make sure any contract you create or enter into is legally binding. This means that it can be enforced under the law and through a Georgia court. According to the U.S. Small Business Administration, you need two specific elements present to make a contract legally binding.

You do not a bunch of legal language. You do not need to have pages of content. Sometimes, a contract does not have to be in writing, but there are some situations where it must be written down. Generally, putting it in writing helps with clarity and gives both parties a copy for future reference, so if you can, you should put your contract in writing, even though it may not be required to validate the contract.

The two elements you do need are something of value being exchanged for something else of value and an offer made by one person that is accepted by the other. That is it. Those two things create a binding contract in most situations. This contract can be enforced through the courts.

So, the next time you set out to create a contract, be aware of these two criteria. Understand that even if you do not set out to create a contract, if these criteria are met, you have probably created a contract that the other person can enforce. This information is for education only and is not legal advice.

No Comments

Leave a comment
Comment Information
  • State Bar of Georgia - Lawyers Serving the Public and the Justice System
  • Gainesville, Georgia - Since 1821
  • TOBA - Thoroughbred Owners & Breeders Association
  • Fenway-Foundation

Tell Us About Your Legal Need

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Roberts Law Firm, P.C.
604 Green Street
Gainesville, GA 30501

Toll Free: 866-594-7535
Phone: 404-537-2796
Fax: 404-841-0775
Gainesville Law Office Map