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How to draft a Memorandum of Understanding (MOU) Agreement
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Memorandum of understanding
Memorandum of understanding, shortly called as MOU, is a form of Letter of Intent, which is just a way for two parties to reach a decision. It is a preliminary written agreement, which speaks about the key terms which they will later be included in a formal legal contract.
The situation for signing a mou
A Memorandum of Understanding or MOU Usually entered between the parties when the legal contract is not finalized with the terms and conditions. In simple words, mou is signed at the initial stage of discussion between the parties for the purpose of briefing the rights and responsibilities of all the parties to a future contract.
Binding nature of a mou
As per section 10 of Indian contracts Act, to form a legal agreement, There must be an offer made by one party and accepted by another. Furthermore there must be an intention to create legal relations. These two are missing in an MOU, hence cannot be legally enforced between the parties.
Why should you use a MOU
A MOU is often used in commercial partnerships to establish mutual goals and expectations. It sets out the rights and obligations of each party, which they incorporate into a formal contract at a later date.
You may want to use a MOU, especially when you:
do not want to form legal relations;
want to mark a mutually beneficial partnership; or
want to outline the mutual goals of a commercial partnership.
Elements of MOU
Each MOU is unique. When drafting one, it is useful to keep in mind what you and the other party have agreed to and what your mutual goals are.
A MOU may include:
the purpose of the commercial partnership;
the common goals of the parties;
the roles of each party;
any agreed upon deadlines; and
how the parties will resolve disputes.
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