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An executory contract is one in which the parties have not yet performed their obligations under the agreement. Example: I enter into a contract with you. Before I have fully performed the contract, it is executory. Once performed, the contract is executed.
An example of an executory contract would be an apartment lease. When you enter into a lease agreement, you are promising to pay the rent for a period of time. Until the term expires, the contract promises have not been fulfilled. Put another way, a landlord generally rents an apartment under a lease contract.
A contract under which unperformed obligations remain on both sides, or where both parties have continuing obligations to perform. For example, most leases or contracts for the sale of goods where the goods have not been delivered by the seller and the buyer has not paid, are executory contracts.
1) Executed and Executory Contracts - An executed contract is one that has been fully performed. Both parties have done all they promised to do. An executory contract is one that has not been fully performed.
An executed contract refers to a written legal agreement that has been agreed upon and signed by all parties to the contract. An executory contract, on the other hand, is a contract that has been agreed upon and signed but is still in progress.