If the promise contained in the treaty cannot be kept by a court, it is usually because the treaty does not contain the necessary elements, making it an unenforceable promise or a non-binding contract. It is important that agreements are drawn up in such a way that they are binding and therefore legally enforceable. You may want to hire a business lawyer if you need help with a binding agreement. Your lawyer can help you draft, verify and process a contract document. In addition, your lawyer may be represented in court if you need to file a complaint for a dispute. For a contract to be considered binding, it must contain the fundamental elements of a contract, including offer and acceptance, consideration, reciprocity or intent, legality and capacity. If a contract contains all these elements, it is most likely a binding contract. In the absence of one or more basic elements, it is probably a non-binding contract. For example, a statement of intent is often used by parties who wish to record certain preliminary discussions to ensure that they are both on the same side so far, but deliberately do not want to engage in a binding contract yet. These factors are relevant to all online agreements. They work differently for each agreement, but there are also similarities.