bilateral contract

Thân thiện

A lawyer explains the terms of a bilateral contract to two business partners.

Definition

Noun: A legally binding agreement between two parties in which each side makes a promise to the other. The defining feature is that both parties are obligated to perform their respective promises; each party is simultaneously a promisor (the one making the promise) and a promisee (the one receiving the promise).

Examples of Usage

• A common example is a contract for the sale of goods: the buyer promises to pay money, and the seller promises to deliver the goods. Both promises are exchanged to form the single bilateral contract.
• In an employment agreement, the company promises to pay a salary, and the employee promises to perform work. This exchange of promises creates a bilateral contract.
• "The court found the agreement to be a bilateral contract, as both the landlord and the tenant had made clear, reciprocal promises."

Advanced Usage

• Contrast with Unilateral Contract: A bilateral contract is distinguished from a unilateral contract, which involves a promise by one party in exchange for the of an act by another (e.g., a reward offer where the promise to pay is only binding once someone performs the act of finding the lost item).
• Formation: The contract is formed at the moment the mutual promises are exchanged, not when the promised acts are later performed. This is known as the "meeting of the minds" or mutual assent.

Variants and Related Words

• Bilateral (Adjective): Having or relating to two sides; involving two parties.
  • The two nations entered into a bilateral trade agreement.
• Contract (Noun): A written or spoken agreement, intended to be enforceable by law.
• Executory Contract: A contract in which one or both parties have not yet fully performed their obligations. Most bilateral contracts are executory until the promises are fulfilled.

Synonyms

• Reciprocal contract
• Synallagmatic contract (a formal, chiefly civil law term)

Related Phrases

• Mutual promises: The core element that constitutes a bilateral contract.
• Consideration: The legal value exchanged between the parties (each promise serves as consideration for the other promise in a bilateral contract).
• Meeting of the minds: The mutual agreement and understanding between parties regarding the contract's terms.

Học thuật

Noun

1. a contract involving mutual promises (each party is both promisor and promisee)