Additionally, a Memorandum of Understanding precedes all such contracts as well as formal agreements. The Memorandum of Understanding establishes the relationship. Despite the fact that the parties do not have any legal obligations under this contract, it has the advantage of establishing a relationship between them that will eventually lead to them signing a formal agreement or contract through this one.
Memorandum of Understanding
There are several types of Memoranda of Understandings, but a Registration of Mou in India tends to be more widely known as it facilitates the creation of an agreement between two or more parties. In the event, they wish to set aside both the rights and obligations of all parties and to create a definite action plan for reaching a successful and clear agreement. This is a formal contract between the parties, and it is a legal contract, but it is not legally binding in any way to them. An MOU between the parties should clearly state the names of all the parties, specify the object and purpose of the agreement, as well as summarize all its important terms and conditions, in order to be legally operative.
It is usually less time-consuming to draft a Memorandum of Understanding and since it is not legally binding, it avoids the legal implications altogether, so it is usually preferable to signing a contract. This has a lot to do with the fact that a legal agreement between parties contains an understanding that involves the assumption of the risks, warranties, and indemnifications involved due to the nature of a contract involving the exchange of money and real estate. A memorandum of understanding, on the other hand, acts as a non-binding agreement that recognizes the effective negotiations between the parties in the pursuit of achieving a common goal.
Legal Position of MOU In Indian Law
As mentioned above, now that we can understand the fact that it is not necessary for an MOU to be non-binding. The question of whether such an MOU is legally binding or not depends upon the intent of the parties to create a legal relationship to that extent.
Therefore, we can say that the legal position of an MOU in Indian Law depends upon the intent by which such a document is made and thus such an intention of creating a legal relationship by way of such an MOU plays a pivotal role in determining the legal position of the same.
MEMORANDUM OF UNDERSTANDING CHARACTERISTICS
- In order to prove that a memorandum of understanding can be considered legally enforceable, it must contain a legal obligation, and it must include a legal right, so it must meet the essentials of a contract.
- Conditions: Some terms and conditions in the memorandum of association are mutually agreed upon between the parties. This will help provide certainty for the parties in case of a dispute.
- FUTURE FOCUSED: In some MOUs, the terms and conditions regarding the future business plans are already included, so you can plan in accordance with the terms and conditions contained in the Registration of Mou.
- A SMALL PROCEDURE: Drafting a Memorandum of Understanding is a very simple and short procedure, as it does not require the permission of any authorities or anyone else besides the parties themselves.
- Basics: Name and other details of the parties to the memorandum of understanding should be included.
- Aim: The purpose of the memorandum should be clarified, as well as the objectives, for which it is being prepared.
- Control should be provided. The memorandum should provide for the appointment of persons who are responsible for the running of the program on a day-to-day basis. There should be mention of the job description, the responsibilities, as well as the remuneration of the employee.
- This memorandum should specify the length of such an agreement, i.e. when it started and when it ended. It should also be clear what consequences should be involved in such a memorandum is terminated.
MOUs are agreements
Despite the fact that the memorandum of understanding is not a legally binding contract, it is nonetheless, a document that holds the power and importance to hold the parties accountable for the objectives and expectations set forth in the memorandum of understanding. By such a petition we are showing the intentions or the interests of the involved parties to stay binding and continue to follow the terms and conditions laid down in the contract.
For our purposes, assuming the appropriate law is applicable in the country of India, we can deal with section 10 of the Indian Contract Act as this section lays down certain basic elements or necessities to be fulfilled in the process of drafting any legal documents such as:
- At the beginning of the process, one of the main things is to make an offer, and the other party must accept it or accept it back by the offeror
- The consent expressed by all parties should be free from any push or coercion by any party involved, or any use of undue pressure by any party.