TL;DR: A contract does not become enforceable just because both parties signed it. US courts look for four specific elements, offer and acceptance, consideration, capacity, and legality, and even where those are present, ambiguous language, one-sided terms, or a missing written record can still sink an otherwise valid agreement. This guide covers what American courts […]
Category Archives: Contracts & Agreements
12
Jul
Jul
TL;DR: You signed up for what looked like a trial or a simple service, and now you are staring at a contract that claims you owe thousands of dollars with “no cancellation under any circumstances” printed across it. Take a breath: that language is designed to intimidate you into paying, and in most countries it […]
10
Jul
Jul
TL;DR: This is not another explainer on what a contract is or what clauses to include, those are covered in depth in our guides on what makes an agreement legally binding and what should be included in every business contract. This is a working list of practical tips for small business owners who already have […]
02
Jul
Jul
TL;DR: A smart contract is self-executing code on a blockchain that automatically carries out agreed actions once predetermined conditions are met, releasing payment on delivery confirmation, for example, without further human intervention. The useful answer to whether they are legally enforceable is not a simple yes or no; it is that a smart contract can […]
04
Apr
Apr
TL;DR: A SAFE (Simple Agreement for Future Equity) is a financing instrument, created by Y Combinator in 2013, that gives an investor the right to equity in the future when a triggering event occurs, typically a priced funding round, without setting a valuation today. It is not debt: no interest, no maturity date, no repayment […]
21
Nov
Nov
At a Glance Most business disputes do not begin because one party intended to act dishonestly. They usually begin because the contract failed to clearly define expectations, ownership, liability, timelines, payment obligations, or exit rights. A poorly drafted agreement can create uncertainty that becomes expensive once money, intellectual property, investors, or commercial relationships are involved. […]
16
Sep
Sep
TL;DR: A non-disclosure agreement (NDA) is a legally binding contract that obligates one or more parties to keep specified information secret. It is the standard first document signed before sharing anything sensitive, business plans, source code, financials, customer data, trade secrets, or strategic roadmaps. There are three main structures: unilateral (one party discloses), mutual (both […]
13
Sep
Sep
TL;DR: A prenuptial agreement is a contract signed before marriage that sets out how assets, debts, and spousal support will be handled if the marriage ends. It is fully enforceable in countries like the US, UK, Australia, and most of Europe when properly drafted, but its legal status is genuinely uncertain in India, where it […]
12
Sep
Sep
TL;DR: A franchise agreement is a contract in which a franchisor grants a franchisee the right to operate a business under the franchisor’s brand, trademarks, and system, in exchange for fees and royalties. In India there is no dedicated franchise law and no mandatory pre-sale disclosure, so the agreement itself carries all the weight: it […]
06
Sep
Sep
TL;DR: A software licensing agreement gives someone permission to use software without transferring ownership of it. The owner keeps the copyright; the licensee gets defined rights to use it, within limits. The biggest and most expensive confusion is between three different things that get treated as interchangeable: a software licence (permission to use), SaaS (access […]