Which aspect is critical for the enforceability of a written contract in Utah?

In Utah, the enforceability of a written contract hinges primarily on the presence of mutual assent and consideration. Mutual assent refers to the agreement between the parties, often demonstrated through an offer and acceptance. This means that both parties must have a shared understanding of the contract's terms and must agree to them.

Consideration is the second critical component, which involves something of value being exchanged between the parties. This could be in the form of money, services, or a promise to do or refrain from doing something. Without consideration, even if the parties express mutual assent, the contract may not be enforceable because it lacks the essential element of a bargained-for exchange.

While having signatures from all parties enhances the clarity and intention behind a contract, it is not strictly necessary for a contract to be enforceable if mutual assent and consideration are clearly established. The presence of a witness and notarization, while sometimes beneficial for evidentiary reasons, does not inherently affect the enforceability of a contract under Utah contract law. Thus, mutual assent and consideration are the cornerstone elements that determine the enforceability of a written contract in Utah.