Legally enforceable
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party." (Scheffel, Evan, and Jane P. Mallor, 2010. Chapter 9, Page 321) The Lambert v. Barron case showed us an example of what happens when a contract does not contain all elements to become a legally enforceable contract. Mr. Barron did not accept the offer, Mr. Lambert made no promise to recover money from the disputed contracts owed to Mr. Barron, so there was no promise to perform. There were also no terms or conditions to perform, nor a time or event of completion of performance.
“USLegal.com helped further explain the requirements of a legally enforceable contract by providing the following elements that must be adhered to, in order for a contract to be legally binding: an offer; 1. an acceptance of that offer which results in a meeting of the minds, 2. a promise to perform, 3. a valuable consideration, 4. a time or event when performance must be made, terms and conditions for performance, 5. performance, if the contract is (unilateral).” (Contract Law & Legal Definition 2016)
http://definitions.uslegal.com/c/contract-law/
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Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration. This illustrates an express contract as an explicit
Lantz v. Coleman is a court case that took place in Connecticut in September of 2007. This case focuses on constitutionality and legality of force-feeding prison inmates whom choose to starve themselves.
Blackburn was candid that most of his clients were “in the (drug) life at some level” and many of them had prior arrests. For instance, Billy Wafer, was on probation for possession of marijuana at the time when he was accused of selling cocaine to Coleman. “I ain’t an angel but I’ve never sold drugs,” said Wafer. Wafer, unlike most of the other defendants, had his charges dropped because he had a rock solid alibi with time cards from his job. Also, his supervisor testified verifying he was at work when Coleman claimed he sold him cocaine.
Contracts are legally enforceable promises. There are two requirements for contract formation: agreement and consideration. An agreement involves a valid offer being made by an offeror to an offeree and said offer being validly accepted by the offeree and communicated to the offeror. The second requirement is consideration, meaning the two parties exchange something of legal value. Contracts serve the purpose of ensuring stability, predictability, and certainty, as well as deterring defection, in business dealings. The objective theory of contract law states that only the language of the contract should be considered in contract interpretation. This theory ignores entirely the intent of the parties. However, contract law is largely
“We have two victims,” he said. “The first is a Mr Nicholas Lambert, twenty-seven years of age, married with no children. It seemed that he ran a weaving business in London. The second is one Benjamin Sloan. He too ran his own business, a workhouse.
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
Issue Overview In order for a contract to be enforceable, there are seven key characteristics that must be present: offer, acceptance, consideration, legality, capacity, consent and writing (depending on the situation). The Eric Seidner and Steve Whitcomb case describes an example of what is believed to be a bilateral contract in which both parties agree to form a partnership. The problem with an oral agreement as compared to a written agreement is that there is no formal document between the parties. A major issue that comes up when dealing with oral contracts is, what is true and what is false.
A contract of employment is an agreement between an employer and employee, forming the basis of an employment relationship; enforceable by law. Contracts of employment may be given orally or in writing: Employment Rights Act 1996 s 230(2) and commence immediately. Actual written contracts require an employee's signature and the signature of a company representative. Contracts of employment can involve both express and implied terms and can appear in many forms. The express terms, being those which both parties have agreed to, whether by signing a contractual document or acting in a particular way are seldom found in just one document. Terms are repeatedly found in an array of documents, whether they be from the actual formal contract, written statements or an employee handbook. The two latter documents are just some examples of prima facia non contractual documents.
Dillon v Legg is an emotional distress claim. The claim is on or about September 27th, 1964: the defendant David Luther Legg was driving his Automobile in a southern direction on Bluegrass Road, close to an intersection called Clover lane in the county of Sacramento. On this date as well the plaintiff Margery M. Dillon’s’ daughter Erin Lee Dillon, who is of young age lawfully crossed Bluegrass Road. The Defendant then hit the plaintiff’s daughter Erin resulting in injuries so severe it resulted in her death. The complaint of the plaintiff also furthered the negligence of the defendant and the operation of the vehicle.
This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it.
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
The express terms , that parties put down in the contract that is in writing and stated in the contract and cannot be ignored .
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,
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
Occasionally there may be misunderstandings made by individuals/parties in differentiating between a simple contract and a speciality contract. From what is understood, a speciality contract may be; “illustrated by reference to gifts”, as stated by (Richards, 2009).
The area of law that is required in order to form a legally enforceable contract is agreement.