Which of the following best describes a legally binding agreement?

Study for the LEGL 2700 Hackleman 2 Exam. Enhance your skills with multiple choice questions, comprehensive explanations, and strategic study tips. Prepare for success!

A legally binding agreement, often referred to as a contract, is accurately described by the aspect of mutual consent and consideration. These two key elements establish the foundation of a contract.

Mutual consent, also known as a "meeting of the minds," indicates that both parties involved understand and agree to the terms and conditions laid out in the agreement. This ensures that there is a shared intent to enter into the agreement, which is critical for establishing enforceability.

Consideration refers to something of value that is exchanged between the parties. This could be money, services, or even a promise to refrain from an action. Without consideration, an agreement generally cannot be enforced as a contract, as it demonstrates that both parties are committing to the contract in a meaningful way.

While it is true that some agreements must be in writing to be enforceable (such as those involving real estate or certain types of sales), many verbal contracts can also be legally binding as long as they meet the criteria of mutual consent and consideration. Therefore, the description focusing on mutual consent and consideration is the most comprehensive and accurate representation of what constitutes a legally binding agreement.

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