BUSINESS LAW

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Aashish Dangi (Querist)
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09 January 2021 are unilateral and bilateral contracts a part of an executory contract, and also do only contracts with outstanding obligations are included in them( unilateral and bilateral)

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 Yes, unilateral and bilateral contracts are types of executory contracts. Let's clarify these concepts:

### Executory Contract:

An executory contract is a legal agreement where one or more parties have not yet fulfilled their obligations. In other words, it's a contract where some duties or promises remain to be performed by one or both parties.

### Unilateral Contract:

- **Definition:** A unilateral contract involves a promise made by one party (the promisor) in exchange for the performance of an act by another party (the promisee).
- **Nature:** Until the promisee performs the specified act, the promisor is obligated to fulfill their promise upon completion of the act.

### Bilateral Contract:

- **Definition:** A bilateral contract involves promises exchanged by both parties to the contract.
- **Nature:** Both parties are bound to fulfill their respective promises simultaneously or sequentially, depending on the terms of the contract.

### Inclusion in Executory Contracts:

- **Executory Nature:** Both unilateral and bilateral contracts are considered executory until all parties have fulfilled their obligations.
- **Outstanding Obligations:** Executory contracts encompass any contract where performance obligations remain outstanding. This includes both unilateral (where the promisee has yet to perform) and bilateral contracts (where obligations on both sides are pending).

### Conclusion:

In summary, unilateral and bilateral contracts are types of executory contracts because they involve obligations or promises that have not yet been fully performed by all parties involved. The executory nature of these contracts persists until all specified obligations are fulfilled, regardless of whether the contract is unilateral (one party's promise contingent on another's performance) or bilateral (mutual promises between two parties).