If the contract is to be concluded in court, its expectations must be clear enough to be applied. (It is a good idea to work out the details of the contract with the contractor if possible. In this way, the terms of the contract are much more likely to be both achievable and acceptable, and the chances of the outcome being exactly what is desired are much higher.) It is at least as likely that your organization is at the end of a contract or that it will be invited to sign an already developed Memorandum of Understanding, since you are writing a contract. Before discussing how one of these documents will be designed, let`s see how one of them is read. The development of a Memorandum of Understanding is therefore similar to the development of a treaty, except that the terms of the agreement will probably have been discussed in advance by all parties. Most agreements are nothing more than attempts to clearly state in writing what the parties have already developed and agreed to at the meetings. Where this is not the case, the parties will generally discuss the memorandum already drafted and develop all the differences before it is signed. References: www.techrepublic.com/whitepapers/memorandum-of-contract-for-sale-purchase-of-property/355486 www.investopedia.com/terms/m/mou.asp Two organizations could sign a Memorandum of Understanding to cooperate on a program. One of them spends money on the basis of their agreement to set up the program and the other – without whose participation the program cannot work – turns around. The first organization may then be required to repay the grant allowance, since it was spent on a program that never took place. In this case, although there was no contract or exchange in the original agreement, the law could force the second organization to reimburse the first organization… or maybe not.
It would depend on the circumstances and the opinion of the judge – so it is a grey area. Joint Declaration of Intent (PROTOCOL OF ACCORD, MOU): A Memorandum of Understanding (MOU) is a document describing a bilateral agreement between the parties. An agreement expresses an agreement of will between the parties and indicates a planned common course of action. It is more formal than an oral or „hand-shake” agreement, but as a general rule, the force of commitment of a contract is lacking. CEECs do not require a party to commit funds or other resources. The agreement does not create legally enforceable obligations, liabilities or obligations for a party and does not set a standard of care attributable to activities related to the purpose of the agreement. The agreements should contain the following provisions: since it is not a legal document and it is generally not money or other exchanges, a Memorandum of Understanding leaves a little more leeway than a treaty.