A binding, legally enforceable contract can be in writing or oral. Oral contracts are agreements that have been spoken, but not written.The Basics of Contract Creation. Consideration is the agreement to give up something in exchange for receiving something. It is an essential element for forming a legally binding contract. A contract is a legally binding agreement between parties to do or not do something. No matter whether a contract is orally made or put into writing, every contract must have certain elements in order to be enforceable in court. A wellwritten sales contract covers all elements of a transaction and includes remedies should the deal not go as planned. The 3-day contract law Florida follows allows for 72 hours to cancel a contract under most circumstances. In the case of a corporation, a legal department rather than the name of a specific person may be more appropriate.