A contract isn’t just a piece of paper. For it to actually protect you, it needs to be enforceable, meaning it can stand up in court if something goes wrong.
Just agreeing isn’t enough. A contract must be clear, mutual, and supported by law.
When things fall apart
Even signed documents can be useless if they don’t meet enforceability standards. Here are a few common real-world issues:
• A freelancer signs an agreement with no payment amount. The client refuses to pay.
• A landlord sends a lease without a move-in date. The tenant walks away early and legally can.
• Two companies agree over email, but there’s no clear identification of the parties or applicable law.
In these cases, the contract isn’t enforceable. Why?
• Missing essential terms
• No documented agreement between parties
• Lack of clarity on who agreed and when
How to make a contract enforceable
Lawyers suggest running a quick check on every agreement:
- Be specific. Who does what, when, and for how much
- Mutuality. Each party gives and gets something of value
- Proper form. Signatures, dates, proof of consent (ideally trackable, like with eSign)
- Jurisdiction. Especially important for international deals
- Clear wording. Avoid vague language like “as needed” or “TBD”
🧠 Pro tip: Many small businesses face contract issues simply because terms weren’t fixed in writing from the start.
Keep it practical
If you’re not a lawyer, build a personal enforceability checklist. It helps avoid mistakes, especially under pressure. And always archive the full trail of edits and approvals.
Don’t forget the signature
Even a perfect contract means nothing if you can’t prove consent. That’s why eSigning is more than convenience. A digital signature captures time, identity, and document version securely.
If you want your contracts to hold up, start with enforceability. And make digital signing your default.
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