A contract is generally a written or spoken agreement between persons or entities that includes obligations for each party (mutual obligations or mutuality) and enough specific information to be enforceable by either party (specificity).

The elements of forming an enforceable contract are generally (1) an offer made; (2) acceptance of the offer; and (3) consideration given by each party for the other party’s performance of the agreement—such as money in exchange for products or services, or mutual promises exchanged—which is often referred to as the bargained-for exchange.

The word "agreement" is often used interchangeably with the word "contract," and a document labeled as an agreement (with the necessary legal elements included) is as enforceable as a document labeled as a contract.

Contracts between governmental entities and contracts between private citizens or entities and governmental entities often have unique considerations such as the contracting or bidding process for government contracts and the governmental entity's legal liability for failing to meet its obligations under the terms of a contract (see the subtopic on sovereign immunity).

In Arkansas, a contract is recognized as a legally binding agreement when it contains the essential elements of (1) an offer, (2) acceptance of that offer, and (3) consideration, which is something of value exchanged between the parties. This consideration can be in the form of money, services, or mutual promises. The terms of the contract must be specific enough to be enforceable. While the terms 'agreement' and 'contract' can be used interchangeably, for a document to be enforceable as a contract, it must include these necessary legal elements. Contracts involving government entities in Arkansas may have additional requirements due to the public nature of the entities involved. These can include specific bidding processes and considerations related to sovereign immunity, which can limit the government's liability for breach of contract. It is important to note that sovereign immunity may prevent or limit legal actions against the state or its subdivisions unless the state has consented to the suit.