Raghav Arora
29 June 2018
Hi! Thanks for the question.
MOUs are basically letters of intent between two parties, extending an agreement to do or abstain from doing sonething. An agreement becomes a contract and thus legally enforceable when it fulfils the 6 requisites of a valid contract. Now other than consideration, competency and other requisites, the most important in an MOU's case is that it should create a legal relation between the two parties and thus to decide if an MOU is enforceable or not, one has to go through it's language. Applicable law clause, Jurisdiction Clause and Indemnification clause are some clauses that if mentioned make an MOU legally binding. Words like shall instead of could and should, also contribute. Thus each case is subjective to the understanding of the judge and conviction of the lawyer.
Read more about MOUs in this link -
https://www.google.com/amp/s/www.myadvo.in/blog/understanding-the-legality-of-memorandum-of-understanding/amp/
Hope this helps you! Good Luck!
