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The meaning for executory contract refers to an agreement where both parties still have obligations to fulfill. In this type of contract, one party has not yet completed their part of the deal, while the other party is also awaiting performance. This situation creates a binding commitment that holds each party accountable until all terms are met. Understanding this concept is crucial for anyone entering into agreements, as it helps clarify each party's responsibilities.
In these types of contracts, the parties agree on specific terms, such as the amount of goods or services to be provided, the date of delivery, and the price to be paid. One of the most important features of an executory contract is that it remains enforceable until both parties have fulfilled their obligations.
The definition of an executory contract is a written agreement between two or more parties, the terms of which are ongoing and executed over a set period of time. The contract details the responsibilities and expectations for both sides of the agreement and the terms under which the contract is to be fulfilled.
Executory refers to something (generally a contract) that has not yet been fully performed or completed and is therefore considered imperfect or unassured until its full execution. Anything executory is started and not yet finished, or is in the process of being completed in order to take full effect at a future time.
An executory consideration takes place when an entity makes a promise to another entity and that entity does the same. Take for example a person promises to lend money to a person to purchase a car at a later date as long as the receiving party promises to pay back the borrowed funds.
An example of an executory contract is an apartment lease. The lessee is expected to continue to pay and the lessor is expected to continue to care for the property until the end date in the contract.