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What Is an Executory Contract or Unexpired Lease? Executory means the contract is still in forcethat is, both parties are still obligated to perform important acts. Similarly, unexpired means that the contract or lease period hasn't run outthat is, it is still in effect.
An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory.
Primary tabs. 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.
Although the terms of an executory contract won't be fulfilled for some time, it's still a legally binding agreement. Therefore, it's important to fulfill your contractual obligations. These types of contracts are especially beneficial for big-ticket purchase items, such as cars and homes.
An executory contract that is VOIDABLE can be rescinded on the grounds of FRAUD, mistake, or incapacity. A contract, whether oral or written, can be rescinded on the ground of fraud.
In bankruptcy cases, it can be beneficial to have an executory contract when your customer files a chapter 11. An executory contract is a contract which both parties have some obligation under the contract yet to perform. While leases are executory contracts, they may also enjoy some extra special protections.
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.
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.
Most courts use the definition created by the late Professor Vern Countryman of Harvard Law School, which defines an executory contract as an agreement, including leases, where performance is remaining on all parties to the agreementand can be enforced by a court.