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The definition of an executory contract is a written agreement between two or more parties, the terms of which are ongoing and executed over a set period of time. The contract details the responsibilities and expectations for both sides of the agreement and the terms under which the contract is to be fulfilled.
In such contracts, one party has already fulfilled his share of duties while the party will have to perform his obligation after a certain period. Executory contracts can again be divided into types based on the presence and performance of the parties included. These are unilateral and bilateral contracts.
An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory.
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An executory consideration takes place when an entity makes a promise to another entity and that entity does the same. Take for example a person promises to lend money to a person to purchase a car at a later date as long as the receiving party promises to pay back the borrowed funds.