What makes a document legal?

appa

Active member
if i were to write up a contract willy nilly on my computer and print it out stating a simple agreement and have two parties sign it, would that be considered a legally binding contract? would it be something legitimate to bring up in perhaps a court case?

what i'm asking is, does a contract need to be written up by a certain person or can any form of signed documentation suffice as a contract?
 
As far as I know, if it outlines the terms of an agreement and if both parties sign it, it is a legally binding contract. If you want to make it more legit, get it notarized when it is signed
 
It can be legally binding in certain ways. For example, I could sign a document saying I want you to kill me but if you kill me it is still murder. Certain things can not be legally binding even if both parties consent. It is easy to distinguish in a case like murder but there are very specific things that you can't sign away so always have a lawyer look over it to make sure you and the other party both fully understand the terms that are legally binding.
 
It really depends on what you are talking about. You can do most of the basic stuff yourself. Of course both parties need to be sure what they are signing and shouldnt be blackout drunk or anything when they do. Like if you want to rent out your place or something, noone would go to a lawyer for that and it still works. I don't really know any specifics of the law in the US, I just know a little about how stuff is handled here in Germany, dunno if its true for the US too (maybe you guys use lawyers more often since a lot of people like to sue for stupid stuff, I dont know)
 
my friend pretty much wants a video of him off the internet and not to be affiliated with the creator. not sure how the second part would work, but we're trying to figure it out.
 
well, did you try talking to the creater/uploader of the vid? But then again, once it was on the internet for a while its probably too late anyway...
 
Where's JD when you need him?

The way I understand it, any agreement is legally binding - verbal, signed, notarized, etc. It's just that some agreements are more or less difficult to prove in court. For instance, a verbal agreement would be almost impossible to prove its existence. A signed written contract would be easier to prove. A signed contract with a witness signature would be even easier to prove, and a notarized agreement would be pretty rock solid.

Not to say that a notarized agreement couldn't have legal problems if one party wants to find discrepancies or loopholes in the language of the terms of agreement.
 
lets see this video, my brother is a lawer ill see what he thinks. if its a vid of him jerckin it then ya not a good idea but if its a vid of him drunk smoking weed not a big deal.

must see video!
 
As far as I remember from Business Law, if both parties agree to the terms and conditions, it is a legal contract. Hell, you could even have a verbal contract that is legally binding, which is essentially a verbal promise. All this would be void if one of the parties is under 18 or too intoxicated to make decisions of course.
 
So long as the agreement is something legal, write up a document, type each persons name at the end and sign under each name respectively
 
You could write some shit up on a napkin and if both parties sign it and exchange ANY monetary amount, it's totally enforceable and legal.
 
Legal agreement is formed when parties express mutual consent. This can be verbal or in writing - verbal is obviously more difficult to prove. Party signatures along with notarization is your best bet - all signees must be present and sign in front of the notary to have it notarized.

Probably relatively pointless though. If the whole aim is to have a binding document enforceable in court, you would need court order to take down a video that is posted without someone's consent anyway. So if the party isn't agreeing to take down the video, why would they agree to put their signature on a binding agreement? Either way, you'd be forced to sue.
 
There needs to be consideration on both sides. Look up the elements of a legally binding contract. Basically both parties need to benefit from the contract--otherwise its a unilateral contract and then when the other party makes good on it, you are the only one that can be held liable. You mentioned that your friend wants a video taken down, so what exactly do you intend to write up as a contract? Are you going to pay this person to take it down? If so, that's a bilateral contract-- both parties have met the consideration element (you get your video taken down, and they get money)-- legally binding, but I would advise a third party witness signature on the contract. Even verbal contracts can be legally binding but its best to just make things clear.
 
I should have made this more clear. If you provide a piece of paper to a person that says "I will pay you $100 to take down this video." This is a one-sided, unilateral contract, in which the person who has the video is not obligated to take it down, but if they do, you are obligated to pay.

Whereas a bilateral contract ensures action on both sides. Both of you would sign it and it would say "I agree to pay $100 to so-and-so in return for them taking down this video, and likewise, I, so-and-so agree to take down the video in exchange for $100." Then you are both obligated to fulfill the contract.
 
<iframe width="512" height="288" src="http://www.hulu.com/embed.html?eid=viendy9fnvifyythsqaejq&partner=dailymotion&url=http%3a%2f%2fwww.dailymotion.com%2fvideo%2fxfe2ol_the-league-taco-s-notarize-video_fun" frameborder="0" scrolling="no" webkitAllowFullScreen mozallowfullscreen allowfullscreen></iframe>
 
Right here homie.

Several people here have gotten it right, but just to confirm: a contract is an agreement between two or more parties for valid consideration. There must be 1. offer and acceptance, 2. an intention to be legally bound by the terms of the contract, and 3. valid consideration.

Here is an example of a valid contract: Two guys at a bar. "Hey Joe, still have your F150? It's a 1998, right? I'll buy it for $2000". "Sure Bob, you've got yourself a deal."

So there are a couple of elements.

First, you need an agreement. The fancy latin is "consensus ad idem" which translates to a "meeting of the minds" - both of you need to be on basically the same page as to what you're agreeing to. Consequently, a contract can fail for certainty of key terms, like, say, the price you're buying a truck for. If I think I'm buying your Ford F150 for $1000 and you think you've agreed to sell it for $1500, we don't have a contract. Similarly, if I think I'm buying your 1998 F150 and you think you're selling your 2004 version, we don't have a contract. That should be obvious - but the degree to which certain terms are "key" can vary. For example, in the above example we didn't set out when Bob gets to pick up the truck. Let's say he thinks he can come get it tonight, but Joe can't give it to him until the weekend for whatever reason. That may or may not be important enough to invalidate an agreement, which is why when they're written down you see terms like "time shall be of the essence in this agreement". This is also where capacity comes in - a person who doesn't have capacity to enter into a contract can't form the requisite consensus ad idem (say they're senile or eight years old or whatnot).

The "intention to be bound" is generally assumed in a situation like a purchase and sale. But let's say your mom promises to give you a hundred dollars if you clean your room every week for a year, and at the end, she decides she's not going to. You can't sue her. That was a domestic situation and while she's being a bit of a bitch, the Courts don't want to deal with that nonsense. Also applies in situations where advertisers make crazy claims that are clearly not serious and someone decides to treat them like they're a term of a contract or something (there's an old case about some weird cold and flu remedy or something that calls these "mere puffs" of advertising). But usually this isn't an issue.

"Consideration" is the stuff you get under the contract. In my example, it's the truck and the money. Joe gets the money, Bob gets the truck, both are valid consideration. There can be situations where you have invalid consideration; for example, let's say Bob said "Hey joe, all that work I just did for you re-painting your house, I should get your old truck for that right?" and Joe agrees. That's not a contract, because the consideration is "past" - if Bob had said before painting the house that he wanted the truck in exchange for doing it, that's no problem; services provided for a fee in money or property is all fine. But because they didn't purport to form the contract until after, it's not, legally, a contract.

Then there are lots of things that can invalidate or void an otherwise legal contract, like illegality, unconscionability, duress, misrepresentation etc. etc. But those merely invalidate a contract - there's still a contract there.

"So what's all this bullshit about signing shit then, JD?"

Glad you asked because I love dispelling this myth. It seems that the majority of the population is so mystified by law that they treat it like some sort of alchemy. Within that perspective it somehow makes sense that signing a piece of paper is like wielding a magic wand, or something, and when you write your name on that piece of paper it has MAGICAL LEGAL CONSEQUENCES! So if you read nothing else in this post, remember this:

A signed piece of paper is not a contract. It is only EVIDENCE of a contract.

It is supposed to be used later to look at and say, "hey, what did we agree to? When was I supposed to pick your truck up? Did it come with the tires? What if it breaks down in the first 1000km, did we address that in our agreement?" Writing this all out ensures that everyone knows what's being agreed to, and in the event that you disagree, you can go to court, show it to the judge, say, "Hey judge, here's what we agreed to, and the fact that we agreed to it is EVIDENCED by those two signatures on it". That is ALL that the piece of paper and the signatures are for. Nothing else. They do not create a legal relationship, they don't create a contract, the contract is just the AGREEMENT between you two, which you can have with or without a signed piece of paper setting out the details.

So there's your primer on contracts!
 
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