How to Write a Basic Binding Legal Contract
There are specific parts to a written contract which would make it an airtight document that is binding in court and will stand the test of legality in most cases. The document should be typed on 8 ½" x 11" paper, double spaced with 1" margins on all sides. The bottom part of the contract should have signature lines and date lines. The notary seal and signature should go on the bottom underneath the signatures.
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Instructions
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Decide who the parties of the contract will be. There must be at least two parties to a contract. Only persons may make a contract. Animals, pets, pieces of artwork, possessions and inanimate objects can not be a party to a contract. In the event of one of these, a person must act on it's behalf as owner or custodian.
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Who the parties are should be stated. The who and where, as well as identifying addresses, social security numbers or dates of birth can be included, but all of that information may not be included, because of the uniqueness of the other identifying information.
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There has to be a reason for the contract, for example, the contract is about ownership of a recording of music, which both parties participated in. The reason for the contract must be specific, and leave no doubt as to what is being stated.
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The next section is for what is expected from the outcome of the contract, between the parties. If one of the parties has paid all of the expenses for a recording of music because the other party didn't have any money at the time, the agreement could be for the other party to pay a specific sum after the music recording starts to make money.
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The contract is nearly finished with the who, what, and why sections. Now, the parties will state what will happen should either party not honor the contract, specifically what liabilities there will be. The contract could go on to state that if the music recording is not paid for by both parties equally or in the amount stated in the contract, then the party that didn't or couldn't honor the contract can not claim any ownership to the music recording.
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There could be stipulations included in the contract, such as giving either party a stated length of time to make a payment or make a new contract. What one party wants from the other party should be stated, to make it an airtight contract that will stand up in court, should the contract be challenged.
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A contract can be invalidated if either party didn't read the contract, was forced to sign a contract, someone else signed the contract for them or if the party was not in their right mind when signing the contract.
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The end of the contract should state the place, address, date and time of the reading and signing of the contract. A notary public should notarize the contract. Both or all of the parties to the contract should only sign their names onto the contract in the presence of a notary public. The signed, dated and notarized contract is now a binding legal instrument.
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Tips & Warnings
Make sure all parties to the contract have read the entire contract and understand all of the points contained therein.
Contracts that are not signed and dated by all parties and then notarized can't be considered a binding legal instrument in any court.
