Also known as:agreements in writing · written agreement
Written by attorneys · grounded in primary & secondary sources — see below
A written document signed by the parties that records their mutual assent to specific terms. The writing supplies the formal memorialization required by statute for the agreement to produce designated legal effects such as waiver of statutory rights.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
How it applies
Common Examples
6
Spouse Waives Elective Share
Amber Alonzo and Arthur Abrams marry. Before the wedding Amber signs a document stating she waives any right to Arthur's homestead allowance and family allowance after his death. After Arthur dies Amber seeks those allowances. The signed writing prevents her from claiming the statutory benefits.
Donor Preserves Paternity Rights
Adam Anderson donates sperm to Alexandra Armstrong under a Kansas statute allowing a written agreement to retain parental status. No writing is executed. After the child is born Adam claims paternity. The absence of the required written agreement bars him from establishing legal parentage.
Anchor Bank and Alpine Mining sign a supply contract containing an arbitration provision for all disputes. When a payment disagreement arises Alpine sues in court. The written arbitration clause requires the court to stay the action and order the parties to arbitrate.
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.473 U.S. 614 (1985)
Employment Arbitration Upheld
Aether Technologies hires Austin Abbott under an employment contract that includes a written arbitration clause covering employment claims. After termination Austin files suit. The signed writing compels arbitration of the dispute rather than litigation.
Circuit City Stores, Inc. v. Adams532 U.S. 105, 118–19 (2001)
Construction Dispute Sent to Arbitration
Apex Dynamics contracts with Alfred Ashford to build a facility. The agreement contains a written arbitration clause. When construction defects appear Alfred sues. The clause requires the court to direct the parties to arbitration instead of allowing the lawsuit to proceed.
Moses H. Cone Memorial Hospital v. Mercury Constr. Corp.460 U.S. 1, 10–12 (1983)
International Arbitration Agreement Applied
Alfred Ashford sells a business to Alexandra Armstrong under a contract with a written arbitration clause for international disputes. A disagreement over representations arises. The signed arbitration provision requires enforcement of arbitration rather than court resolution.
Scherk v. Alberto-Culver Co.417 U.S. 506 (1974)
Common questions
Frequently Asked
2
Does a written agreement waiving spousal rights require consideration to be enforceable?+
No. The governing statute provides that a written agreement signed by the surviving spouse before or after marriage waives the right of election and related allowances and is enforceable without consideration.
Supporting sources
What happens if a sperm donor fails to execute the required written agreement?+
The donor is not recognized as a legal parent. The statute conditions preservation of parental rights on a written agreement, and the absence of that writing defeats any claim to paternity.
Supporting sources
473 U.S. 614 (1985)Alternative Dispute Resolution
…accordance with this chapter." Article II of the Convention, in turn, provides: "1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether…