Case Study Of A Valid Contract

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What is actually considered a valid contract? The first issue we must look at in this contract dispute is to determine if there is even a valid contract. A valid contract has three basic elements an offer, an acceptance and consideration. If a contract meets your states requirements for a binding legal agreement, you are generally bound by that contract. The essential terms of a contract identify the parties to the contract, subject matter of the contract, contract price, and the time for performance of the contract. Intent to establish a contract must be definite and evident. Basically, it’s clear that you and the other person intended to enter a contract. If a contract appears to be binding and enforceable on its surface, that contract maybe …show more content…

I began to inform Marshall of the high antioxidant qualities of Muscadline grapes that my family 's produce company sells. Marshall has found the product turns out to be very popular with his regular customers. Marshall over time began to place orders regular and has begun advertising heavily the Muscadline products in his store. According to the case study Marshall has been issuing payment for his purchases about 45 to 60 days after he has received my products. Products are delivered promptly to Marshall and always include an invoice with each delivery. Marshall is frequently late with his payments and has never been charged interested which I reserve the right to do so according to these invoices. Marshall and his wife, Gloria who is a believer have just stated attending my Sunday school class in Huntsville, Alabama. On one occasion my son the part-time delivery man delivered Marshall some product and Marshall gives him a contract asking that he sign it on behalf of the company. Neither Marshall nor my son who was seventeen at the time never mentions the contract to me. After a columnist for the Huffington Post wrote an article praising the antioxidant qualities of …show more content…

v. Borden Inc. the issue is whether an implied covenant of good faith and fair dealing under the facts of this case overrides a contractual right to terminate the subject contract without cause. Is Marshall justified in expecting to remain in partnership with my company do to the contractual right he has written in this contract? I believe here we can take in account a minor 's capacity to contract and ultimately fraud in the execution of a contract as well. In (2005 University of Oregon, Oregon law review) the article argues that courts should abandon the rule that every contract contains an implied covenant of good faith. If the contract is sufficiently fair that it is not unconscionable or in violation of public policy and it is sufficiently clear that no implied obligation is required to make the contract enforceable or unambiguous, then no implied covenant of good faith is necessary or

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