What is meant by a 'collateral contract'?

A collateral contract is best described as a secondary agreement that exists alongside a primary contract. This means it is a distinct contract that complements or adds to the main agreement, often containing terms that may not be present in the primary contract. Collateral contracts usually serve to reinforce the commitments made within the primary agreement or cover additional obligations that are not addressed.

For example, if a buyer agrees to purchase goods from a seller, a collateral contract may stipulate specific warranties or assurances regarding those goods that are separate from the main contract of sale. This additional agreement can help clarify intentions or provide guarantees that enhance the security of the transaction.

In contrast, the other definitions do not accurately capture the essence of a collateral contract. A primary agreement with no additional conditions does not involve any secondary layer, thus cannot be classified as a collateral contract. Similarly, a contract that contradicts the primary agreement wouldn’t be valid as a collateral contract, but rather would create confusion or conflict. Lastly, a legally unenforceable verbal agreement does not fit the definition, since a collateral contract must be legally acceptable to be recognized alongside a primary contract.