On the other hand, if the parties do not want to be bound by a contract, they must ensure that the contract clearly expresses that wish. What is a binding agreement? In principle, a binding agreement is a contract between two parties that can be legally enforced.3 min. All essential conditions must be agreed upon and the agreement cannot otherwise be uncertain, vague or ambiguous. These factors are relevant to all online agreements. They work differently with each chord, but there are also similarities. For a contract to be considered binding, it must include the essential elements of a contract, including offer and acceptance, consideration, reciprocity or intent, legality and capacity. If a contract contains all of these elements, it is most likely a binding contract. If the treaty lacks one or more fundamental elements, it is probably a non-binding contract. Of course, that doesn`t tell you everything you need to know about contracts, but it`s a good place to start.