Memorandum of understanding: Difference between revisions

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{{a|contract|}}{{d|{{PAGENAME}}|/ˌmɛməˈrændəm ɒv ˌʌndəˈstændɪŋ/|Also, an '''''[[MOU]]''''') (n}}
{{a|contract|}}{{d|{{PAGENAME}}|/ˌmɛməˈrændəm ɒv ˌʌndəˈstændɪŋ/|Also, an '''''[[MOU]]''''') (n}}


A posh — and [[gender]] appropriate — way of saying a “[[gentlemen’s agreement]].”
A posh — and [[gender]] appropriate — way of saying a “[[gentlemen’s agreement]].”


A lawyer will tell you — is '' bound'' to tell you, with an existential shudder, that [[MOU]]s aren’t worth the paper they are written on, but lawyers operate in general structural defiance of the [[commercial imperative]], so who cares what they think. And while it is generally, true, this is also true in a bigger picture sense of any contract, however legally binding in theory, with a commercial value less than about £10 million, since the cost of enforcing it means no-one in possession of sound mind and competent legal advice would launch legal action for a sum smaller than that.
A lawyer will tell you — is '' bound'' to tell you, with an existential shudder, that [[MOU]]s aren’t worth the paper they are written on, but lawyers operate in general structural defiance of the [[commercial imperative]], so who cares what they think.  
 
And while it is generally true this is also true, in a bigger picture sense, of any [[contract]] with a commercial value less than about £10 million, however legally binding in theory, since the cost of enforcing it means no-one in possession of sound mind and competent legal advice would launch legal action for a sum smaller than that.


{{sa}}
{{sa}}
*[[Commercial imperative]]
*[[Commercial imperative]]

Revision as of 22:30, 16 December 2022

The basic principles of contract
Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent

Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation
Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee
Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent
Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability
Not contracts: Restitutionquasi-contractquasi-agency

Index: Click to expand:
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Memorandum of understanding
/ˌmɛməˈrændəm ɒv ˌʌndəˈstændɪŋ/ (Also, an “MOU”) (n.)

A posh — and gender appropriate — way of saying a “gentlemen’s agreement.”

A lawyer will tell you — is bound to tell you, with an existential shudder, that MOUs aren’t worth the paper they are written on, but lawyers operate in general structural defiance of the commercial imperative, so who cares what they think.

And while it is generally true this is also true, in a bigger picture sense, of any contract with a commercial value less than about £10 million, however legally binding in theory, since the cost of enforcing it means no-one in possession of sound mind and competent legal advice would launch legal action for a sum smaller than that.

See also