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Signing a Contract - Common questions

Common questions

I was discussing a contract but never signed anything; are our discussions a binding contract?

Possibly yes. Where parties are discussing an agreement in conversations and emails, their discussions can create an enforceable contract if:

  • both parties agreed on all the essential terms required to form a binding agreement,
  • a reasonable bystander would conclude the parties intended to be bound, and 
  • signing a formal contract was just a formality. 

If these factors are all present, it doesn’t matter if the parties never sign a written agreement. They can be bound by the promises they made in the preliminary communications.