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Attorney Brian Russ discusses Memorandums of Understanding (MOUs) in a brief tutorial. He explains that MOUs are generally intended as non-binding agreements that outline the intent of parties to collaborate or discuss certain matters. However, he cautions that simply labeling a document as an MOU does not inherently make it non-binding. If an MOU contains essential contractual elements such as mutual assent, offer, acceptance, consideration, and capacity, it could be enforceable as a contract. Therefore, it’s important for parties to understand that an MOU can still constitute a binding agreement despite its title.
