Define: Executed Contract

Executed Contract
Executed Contract
Quick Summary of Executed Contract

A contract that has been executed is a legally binding and enforceable agreement between two or more parties. It can be in written or verbal form. When all parties have fulfiled their obligations, the contract is considered executed, meaning that the terms of the contract have been completed and the parties are no longer obligated to each other. It is crucial to understand that a contract is not merely a piece of paper, but rather a collection of promises that the law acknowledges as a responsibility.

Full Definition Of Executed Contract

An executed contract is a legally binding agreement that has been fully performed by all parties involved. This means that all obligations under the contract have been fulfiled and the terms of the agreement have been carried out. For instance, if you hire a contractor to construct a house and they complete the project according to the agreed-upon plans and specifications, the contract is considered executed. Both parties have fulfiled their obligations and the contract is no longer active. Another example is when you purchase a car from a dealership and pay the full purchase price. Once the dealership transfers ownership of the car to you and you take possession of it, the contract is considered executed. In summary, an executed contract is a finished agreement where all parties have fulfiled their obligations and the terms of the contract have been carried out.

Executed Contract FAQ'S

An executed contract is a legally binding agreement between two or more parties that has been fully performed. This means that all parties involved have fulfilled their obligations under the contract.

An executed contract is different from an executory contract in that an executory contract is one where some or all of the obligations have not yet been fulfilled by the parties involved. In an executed contract, all obligations have been completed.

Yes, an executed contract can be modified or amended if all parties involved agree to the changes and the modifications are properly documented and executed. It is important to ensure that any modifications are legally valid and enforceable.

If one party breaches an executed contract, the non-breaching party may be entitled to various remedies, such as monetary damages or specific performance. The specific remedies available will depend on the terms of the contract and applicable laws.

In general, an executed contract cannot be canceled or terminated unless there are specific provisions within the contract that allow for cancellation or termination. If such provisions exist, they must be followed in order to legally cancel or terminate the contract.

The validity of an executed contract depends on various factors, including the terms of the contract, applicable laws, and any specified duration or termination provisions. Some contracts may have a specific duration, while others may be valid until all obligations are fulfilled or until terminated by mutual agreement.

In some cases, an executed contract can be enforced even if it was not in writing. However, certain types of contracts, such as those involving the sale of real estate or contracts that cannot be performed within one year, may be required to be in writing to be enforceable under the Statute of Frauds.

In many cases, an executed contract can be assigned to another party if the contract allows for assignment or if all parties involved agree to the assignment. However, there may be restrictions or limitations on assignment depending on the nature of the contract and applicable laws.

If one party to an executed contract becomes incapacitated or dies, the contract may be terminated depending on the terms of the contract and applicable laws. In some cases, the contract may provide for termination in such circumstances, while in others, the contract may continue to be binding on the estate or legal representative of the incapacitated or deceased party.

If an executed contract was entered into under duress or as a result of fraud, it may be possible to challenge the validity of the contract and seek remedies such as rescission or damages. However, the specific requirements and available remedies will depend on the laws of the jurisdiction and the circumstances of the case.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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