Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Essay about the different types of contracts
Questions on the types of Contracts
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Essay about the different types of contracts
A contract is a written or expressed agreement between two parties to provide a product or service. There are various types of contracts relating to business field. Three types of contracts which can seen in the mentioned case are, I. Bi-lateral contract. A bi-lateral contract is a reciprocal agreement between two parties where each promise to perform an act in exchange for the other parties act. Each party is an (a person who is bound to another) to its own promise and an obliges ( a person to whom another is obligated or bound) on the other parties promise. A bilateral contract specifies a duty to act in exchange for another party’s duty. Simple definition. A contract or agreement involving two or more parties which binds all parties to …show more content…
. III. Privity of contract Privity of contract is the relationship between the parties to an agreement. In contracts this relationship is necessary. This contract confess right and imposes liabilities only on its contracting parties. Example, • in the above mentioned case ABC Ltd company enter to an agreement with insurance company. Answer no 02 Contract is an agreement between two or more parties, it is a promise to do something in return for a vulnerable benefit. Each party to a contract acquires rights and duties relative to the rights and duties of the other parties. While all parties expect a fair benefit from the contract it does not follow that each party will benefit to an equal extent. Mainly contract consists of four main elements, i. offer and acceptance, An offer is defined as initial initiation of contract. (when seller offers a price and the buyer makes an initial responds the offer is formed) Acceptance can be defined as an conditional act, communicated by the buyer and seller. ii. Parties For a contract there should be minimum of two parties, However in complex business transaction this number can be vary. iii.
...posit is made with the whole, with no individual. The contract is equal, for each gives all. No one reserves any rights by which he can claim to judge of his own conduct” (Strauss and Cropsey 1987, 568).
Merriam-Webster Dictionary has a two-fold definition for the word “contract”. A contract is “a binding agreement between two or more persons or parties, especially one legally enforceable” (Merriam-Webster). It is also a business agreement for the supply of goods or services at a fixed price” (Merriam-Webster). John Rawls argues that “an agreement is not necessarily fair even if it is voluntary. To be fair, an agreement must also be made against a background of equality. It is unfair if one of the contracting parties is able to take advantage of the other party because they are stronger, richer, better informed, or simply more powerful” (Sandel 30). The purpose of this essay is to affirm Rawls’ argument because I do agree that entrance into a contract does not mean that the contract is just, especially if one party is perceived to have an advantage over the terms of the contract. To do so, I will use a scenario to prove that if an agreement was made voluntarily, this is not enough to ensure that the terms agreed to are fair. I will also provide possible counterarguments for oppositions that provide criticism on Rawls’ grounds.
On the surface, the Treaty appears to be a mutualistic agreement between two equal parties, with the best interest
"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" (Mallor et al., 2015, p. 320)
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.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
This exchange of considerations is what formed the initial contract. A new contract
Bilateral – The majority of offers are Bilateral. While it is not always true, most people make an offer to one named offeree or a small group of parties. Most contracts are made with both parties present on a face-to-face basis.
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)
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
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,
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.
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).