Like a contract, an agreement is an agreement between two or more parties. However, unlike a contract, an agreement must not contain legally binding commitments. In addition, a non-binding agreement can be useful as an agreement between the parties. While the parties intend to enter into a legally binding agreement, the parties to an agreement may otherwise intend to do so. For example, an agreement may indicate that the parties “encourage and support the sharing of facilities.” This type of provision constitutes an important public declaration of cooperation, but does not constitute a legally enforceable obligation. Alternatively, an agreement may specify the terms of an agreement, but declare that each party`s responsibilities are enforceable only “if the parties` boards decide to enter into a sharing agreement.” While there are marked theoretical differences between a contract and a declaration of intent, practical differences between these two agreements may be limited by partisan intentions. An agreement becomes enforceable if there is evidence that the parties intend to create a legally binding agreement. A Memorandum of Understanding (MOA) is a written document describing a cooperative relationship between two parties wishing to work together on a project or achieve an agreed goal. An MOA serves as a legal document and describes the terms and details of the partnership agreement.
An MOA is more formal than an oral agreement, but less formal than a contract. Organizations can use an MOA to conclude and draw cooperation agreements, including service partnerships or technical assistance and training agreements. An MOA may be used regardless of whether or not funds should be exchanged under the agreement. The courts may also decide that parties who only want certain parts of a Memorandum of Understanding are applicable. This is evidenced by a recent case decided by the Ontario Superior Court. The parties entered into a two-year letter of intent to Georgian Windpower Corporation et al. v. Stelco Inc. However, the agreement was terminated by the defendant before the two-year period expired.