Executory vs Executed Contracts
Contracts that are Performed or To Be Performed
Written by Jason Gordon
Updated at June 30th, 2021
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Table of Contents
What are executed contracts and executory contracts?Discussion QuestionAcademic ResearchWhat are executed contracts and executory contracts?
An executed contract is one in which the parties have performed their duties under the contract. An executory contract is one in which the parties have not yet performed their obligations under the agreement.
Example: I enter into a contract with you. Before I have fully performed the contract, it is executory. Once performed, the contract is executed.
Next Article: Performance, Substantial Performance, & Breach Back to: CONTRACT LAW
Discussion Question
Why do you think it is necessary in business to characterize contracts are executory versus executed?