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A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Creating a contract review checklist involves understanding the contract's purpose and scope. Verify basic information, define key terms, and outline obligations and responsibilities, ensuring clarity and balance. Assess compliance, risk and dispute resolution . Check termination , confidentiality, and IP .
Intellectual property elements in a software development agreement include source code, graphic design, trade secrets, copywriting, and patents. The moment when the intellectual property rights are transferred between the parties should be clearly specified in the agreement.
That all parties know: (1) what the duties and obligation of each party are, (2) how those duties and obligations will be performed, and (3) when those duties and obligations will be performed? Representations, Warranties, Duties and Obligations.
A contract checklist is a list or framework that helps you identify and organise critical parts of a contract. A contract checklist is helpful when creating, analysing, or reviewing a contract.
A comprehensive breakdown of the contract checklist should include: Identifying the Parties. Name of each business or individual. ... Addresses of Each Party. Underlying Assumptions. This is what is expected of each party within the contract. Purpose of Contract. Terms. ... Disclaimers. Applicable state law considerations. Warranties.