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define and explain the 4 elements of a contract
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Abstract This paper examines the elements of a legal contract and how advertisements are not viewed as legal contracts in most cases. It will review the case of Leonard vs. Pepsico to determine what happens when an advertisement is viewed as a valid offer and responded to with such view. How rewards and auctions are viewed in legal terms. Finally, how this applies to the creative idea to boost tourism by auctioning Bigtown on eBay. Elements of a Legal Contract In order to have a contract that is legally binding, it must be valid and involves at least two parties. They are the offeror, the party making the offer, and the offeree, the party accepting the offer. A contract exists only if the offer is made and accepted. It must be clear and specific. They can be unilateral, meaning the offer's offer is accepted only by the performance of a requested act by the offeree, or bilateral where the offeror's offer can be answered either agreeing or rejecting the offer. The bilateral contract is binding as a promise for a promise. Additionally, there are four elements of a valid contract: Agreement, Consideration, Contractual Capacity, and Lawful Object (Cheeseman, 2006). The first element of a legally binding contract is agreement. Agreement deals with a clear understanding on all parties involved as to what the offer is and the resulting acceptance. This is called mutual assent (Cheeseman, 2006). The second element covers consideration. Consideration is a benefit or right, something of legal value, bargained for and agreed upon in exchange for another benefit or right. This could be something as simple as mowing the lawn for $10 per week or something as complicated as building a house. The consideration is money in exchange for a servi... ... middle of paper ... ...mor was involved and this was not a serious offer. Just the fact that the disruption of school that a Harrier Jet would cause would be enough for a reasonable person to understand this was not reality. It was also clearly stated that the offer was not available in some areas. The court was clearly correct in ruling for the defendant, Pepsico (Madison, 2005). Reference Citations Cheeseman, H. (2006). Contemporary business and online commerce law. 5th ed. Upper Saddle River, NJ: Pearson Prentice Hall. Nolo, (2006). Consideration. Retrieved Jan. 19, 2006, from Nolo Glossary Web site: http://www.nolo.com/definition.cfm/Term/AE6272D6-6D95-477A-9329B127CAFB66C6/alpha/C/. Madison, M. (2005). John d.r. leonard v. pepsico, inc.. Retrieved Jan. 20, 2006, from Leonard v Pepsico, Inc. Web site: http://www.law.pitt.edu/madison/contracts/supplement/leonard_v_pepsico.htm.
The four elements to a contract are an offer, an acceptance, an intention to create a legal relationship, and a consideration (usually money). The first and second element of a contract is the agreement, which is made up of an offer and an acceptance of a contract. The elements of an offer are (1) serious intent
In order to have an enforceable contract there must be an offer which is accepted prior to any revocation of that offer. Acceptance is a final and unqualified assent to the terms of an offer. Acceptance must be effectively communicated to the offeror unless the need for communication has been waived, as in...
In order to get insights into the consumer perception about the role of advertising we have reviewed a number of articles and conducted four in-depth interviews. A number of research papers reach opposed conclusions. These vary from the ones stating that "the ethicality of a firm's behavior is an important consideration during the purchase decision" and that consumers "will reward ethical behavior by a willingness to pay higher prices for that firm's product" (Creyer and Ross Jr.
The article "When is a contract legally enforceable?", helped me understand legally enforceable because it talks about the elements of a contract which are "offer and acceptance, legal consideration, capacity to create a
The second element would be offer and acceptance. The parties entering the contract must be satisfied with the offer that is being made and the other party must be willing to accept the offer.
Seaquist, G., & Coulter, K. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.
With any story, there’s two sides of the coin. On one side, advertising and public relations have become an integral function of our consumerist economy because it provides information to consumers regarding the products and services that attract them. In addition, advertising and PR generates competition between businesses which fuels the economy, causes growth, and benefits consumers. On the opposite side, advertising and PR can be seen as the manipulative corporate hand in the public sphere that uses aggressive sales tactics, false claims, and clouded perceptions to serve their own self-interests which in turn fragments consumers. Both sides could be argued for, but it’s up to organizations like the FTC and the IAE to guide the advertising and PR industries down an ethical path that leads to the benefit of consumers rather than as the force of manipulation. An interview with the IAE, the president of Global Advertising and Strat...
Clarkson, K. W., Miller, R. L., & Cross, F. B. (2012). Business Law: Text & Cases (12 ed.). Mason, Ohio: Cengage.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
A contract is a written or spoken agreement established by three key elements; offer, acceptance & condition. The person making an offer is called the offeror, and the person to whom the offer is made to is called the offeree . An offer is an expression
We have a lot of important issues today that are unprecedented in history due to technological advancement of our age, such as: global warming, ecological pollution, DNA modification and patenting of crops, meat industry, and the list goes on. All these issues have to be addressed and decided upon with as much ethical prowess and unity of opinion among people as possible. Public opinion is a huge power and ability to sway it one way or the other can make or break a presidency, a corporate monopoly, domestic and foreign policies, or pass laws. Advertising is a very large omnipresent industry, whose sole purpose is to skillfully grab our attention and shape our decisions, thus manipulating public opinions. According to communications professor Joseph Turow, by targeting certain niches among consumers based on lifestyles, advertising segregates already diverse community even further, thus making it impossible for people to come to a consensus on critical issues, which demand our attention without delay (Goshgarian and Krueger 297). Therefore, it is important to consider how ethical advertising tactics really are, and whether it is necessary to create adequate regulations in order to control the industry.
Contracts and agreements have many key differences. A contract is an agreement between two parties that is legally binding. In order for a contract to be valid and have legal standing, it must have four requirements; consideration, contractual capacity, and legality. Without all four of these requirements it is not considered a contract and has no legal standing. An agreement is an understanding or some type of arrangement between two or more parties and does not need to have the four requirements that a contract must have. Most of the time, agreements are informal and not enforceable by law.
Advertising is essential to create business and promote organizations, as it creates a brand image and attracts customers to a service or a product. Without advertising, sales would most likely suffer and the potential for new customers would decrease. While transforming from the print of yellow journalism to click-bating of online advertising, the code of conduct and ethics of online advertising is becoming questionable. While advertising is essential to the success of a business if individuals are being exploited for their personal and private information, advertising methods such as click-bating and behavioural advertisement become unethical to the morality of advertising.
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.