What Are The 4 Classifications Of Contracts?

Discover the 4 classifications of contracts in Utah. From express to implied, learn to navigate legal agreements confidently in business and everyday life.

Ruf gill
7 min readNov 15, 2024

What Are The 4 Classifications Of Contracts?

When you hear the word “contract,” what comes to mind? Perhaps it’s the notion of a formal agreement sealed with a handshake or a signature on a dotted line. In reality, contracts are far more nuanced and integral to our daily lives than we often realize. Understanding the classifications of contracts can empower you to navigate the legal landscape effectively and confidently. Today, we’ll delve into the four classifications of contracts, focusing on the legalities within the state of Utah. So, whether you’re dealing with a business deal in Salt Lake City or engaging in a rental agreement in Utah County, this knowledge is essential.

Contracts are foundational to our personal and professional interactions. They provide a framework for agreements, ensuring that the terms are clear, obligations are met, and parties are held accountable. In Utah, like other states, contracts are governed by specific laws that help protect the rights of individuals and businesses. By classifying contracts, we can better understand the nature and implications of these agreements.

Utah’s contract laws are designed to facilitate fair dealings and resolve disputes efficiently. Knowing the classifications not only helps in understanding these contracts but also in recognizing common pitfalls and misconceptions often associated with them. So, let’s embark on this informative journey into the world of contract classifications.

Jeremy Eveland Utah Attorney

What Are The 4 Classifications Of Contracts?

Express and Implied Contracts

The first classification distinguishes express and implied contracts. An express contract is one where the terms are stated clearly, either orally or in writing. Consider a scenario where a freelance graphic designer from Provo, Utah, agrees to design a logo for a business. If the business owner explicitly outlines the services expected and the payment amount, this is an express contract. The Utah Code Annotated § 25–5–4 deals with certain types of express agreements that need to be in writing to be enforceable.

In contrast, implied contracts are those formed by the actions or conduct of the parties involved, rather than written or spoken terms. Imagine you visit a car wash in Ogden, Utah, and without a word, you park your car and hand over your keys. The act of handing over the keys implies that you agree to the terms of the service provided, creating an implied contract. Utah courts recognize these contracts when actions clearly indicate mutual intent to contract.

Understanding these contracts safeguards your interests by ensuring that terms are recognized even when not explicitly stated. Whether you find yourself in an express or implied agreement, it’s vital to know that Utah law will uphold these contracts based on the intention and actions of the parties involved.

Unilateral and Bilateral Contracts

Another way to classify contracts is by determining if they are unilateral or bilateral. In a unilateral contract, one party makes a promise in exchange for an act. An example might be a reward offer — a resident in Salt Lake City posts a flyer promising $100 to anyone who returns his lost dog. This contract becomes binding when someone finds and returns the dog, fulfilling the performance part of the deal.

Conversely, a bilateral contract involves two parties exchanging mutual promises. Picture an agreement between two companies in West Jordan, Utah, where one commits to supplying goods, and the other agrees to pay for them. Here, both parties have obligations to fulfill. According to Utah’s contract laws, the moment promises are exchanged, a binding bilateral contract is formed.

It’s crucial to distinguish between these types because they dictate when obligations arise and when a breach might occur, thereby affecting how disputes are resolved under Utah’s legal system.

Executed and Executory Contracts

The difference between executed and executory contracts revolves around the timing of the performance. An executed contract is one where both parties have fulfilled their respective promises. Suppose a person in Davis County pays for the installation of solar panels on their home, and the company completes the installation. The contract is executed as all parties have honored their commitments.

On the other hand, executory contracts are those where some future performance or obligation is yet to be fulfilled. For instance, a lease agreement in Salt Lake County, where the tenant agrees to pay monthly rent for a year, remains executory until all payments are made and the lease period concludes.

The distinction helps in understanding the enforceability and ongoing nature of contractual obligations, particularly in situations involving ongoing services or delivery of goods in Utah.

Valid, Void, and Voidable Contracts

Lastly, we can classify contracts by their enforceability: valid, void, and voidable. A valid contract is fully enforceable in a court of law — it meets all the necessary legal elements: offer, acceptance, consideration, and legal purpose. Enforceable contracts can be upheld and defended in Utah courts.

A void contract, however, has no legal effect and cannot be enforced. For example, a contract for an illegal purpose in Park City, such as an agreement to sell prohibited substances, would be considered void under Utah law.

Meanwhile, a voidable contract is one that may be annulled by one party. Consider a situation where a minor enters into a contract for purchasing a car in Layton, Utah. The minor could potentially void the contract due to their age, a protection offered under Utah’s laws to safeguard inexperienced or vulnerable parties.

Understanding these distinctions validates your agreements and protects against unenforceable contracts.

Why Understanding Contract Classifications Matters

Knowing these four classifications equips you with the knowledge to handle everyday legal interactions, from employment offers and service agreements to purchase contracts and more. In Utah, these classifications are backed by specific statutes that you can reference in case of disputes or clarifications needed. As an example, refer to Utah Code Title 70A, Chapter 2, which provides insights into formal and informal contracts, showcasing how the law backs these classifications.

By grasping these differences, you enhance your decision-making skills, predict potential challenges, and foster smoother transactions. This knowledge is not just theoretical; it’s practical and vital for personal and business dealings across Utah.

Common Misconceptions about Contracts

One common misconception is that all contracts must be formal or in writing to be legally binding. As highlighted earlier, contracts can be verbal and still enforceable under Utah law, although having them in writing is always advantageous for clarity and proof.

Another myth is that once you’ve signed a contract, you’re forever locked in, regardless of circumstances. However, many contracts include clauses for termination or modification, providing you with flexibility of renegotiation if needed.

Utah’s laws also provide for situations where one might exit a contract, such as breaches or when a contract is unfair or entered into under duress. Understanding these nuances can greatly benefit you in negating and remedying contractual conflicts.

What Are The 4 Classifications Of Contracts?

Practical Applications and Pitfalls

Contracts are everywhere — when you’re buying a home, starting a business, or even subscribing to a gym in Utah County. Practical applications include vendor agreements, real estate transactions, employment contracts, and more.

A common pitfall is failing to understand the terms before signing. It’s crucial to read every contract thoroughly and ensure that the terms align with what was agreed verbally. Not doing so could leave you vulnerable to unfavorable conditions or even fraud.

Always consider consulting a legal expert to review contracts before committing, especially for significant transactions like home purchases or business agreements. This due diligence can save you immense time, stress, and financial resources in the future.

Frequently Asked Questions

1. Are verbal contracts enforceable in Utah? Yes, verbal contracts can be enforceable, especially if backed by clear evidence of the agreement. However, certain contracts, like those involving real estate or that are under the Statute of Frauds, must be in writing.

2. Can a minor enter into a legally binding contract in Utah? While minors can enter into contracts, these are often voidable at the minor’s discretion, allowing them to exit the contract upon reaching the age of majority or earlier, under certain conditions.

3. What happens if a contract is breached in Utah? If a contract is breached, the non-breaching party may seek remedies such as damages, specific performance, or cancellation, as per the terms and applicable law.

4. How does contract law protect me? Contract law ensures parties uphold agreements and provides a legal framework for resolving disputes. It helps in safeguarding your interests, ensuring fair play, and fostering trust in legal obligations.

Understanding contractual classifications makes you an informed party in your dealings, reducing risk and enhancing confidence in your engagements. By knowing the nuances and potential implications, you assure a proactive stance in both personal and professional realms.

It’s essential to stay educated and aware of the dynamic legal landscape. As you navigate contracts and agreements in Utah, these insights empower you to do so responsibly and with foresight. For personalized legal advice, consider reaching out to a professional.

To speak with a lawyer, call attorney Jeremy Eveland (801) 613–1472.

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Jeremy Eveland 8833 S Redwood Rd West Jordan Utah 84088 (801) 613–1472

The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.

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