What is a binding contract?

A binding contract has three key elements. The parties must be competent, there must be consideration, and there must be mutual assent, which means that each side must be clear as to the essential details, rights, and obligations of the contract.

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Does a contract have to be notarized?

A contract typically does not have to be notarized. A notary public (or simply ‘notary’) provides an acknowledgment that the signature appearing on the document is that of the person whose signature it purports to be.

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Is a scanned or electronic copy of a contract legally binding, or is a signed original required to enforce a contract?

Copies and faxes of contracts, and scanned or electronically stored versions, are all “good” (valid) contracts and enforceable. In fact, contracts are now very commonly executed, or signed, at least partially by fax or scanned copy, with one person signing, then transmitting the contract in some form to the other, who then signs it and transmits a countersigned version back.

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