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New York Notary Law · Term

Contract

An agreement between competent parties to do or not do certain things for legal consideration, giving each party a right to what the other promises.

The New York booklet defines a contract as an agreement between competent parties, supported by legal consideration, under which each party acquires a right to what the other possesses or promises. That classic formulation emphasizes three ideas: agreement, competent parties, and consideration.

Contract is a much broader idea than a notarial certificate. A notary may be asked to notarize a signature on a contract, but the notary does not draft the deal, decide its validity, or determine whether its legal terms are enforceable. That is one reason the booklet repeatedly warns non-attorney notaries not to step into the practice of law.

Practical note: In glossary work, contract is a foundational term. More specialized concepts—such as lease, power of attorney, escrow, or subordination clause—make more sense once the reader remembers that each is part of the law of agreements and rights created in writing.

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