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Recommended: 4 elements of a contract
1 1.0 Introduction The agreement I have chosen for this assignment is sale and purchase agreement between the developer and the purchaser. This is an agreement between the developer whose name and description are stated in Section 2(referred as “the Vendor”) and the purchaser whose name and description stated in Section 3(referred as “ the purchaser”). 1.1 Definition of Contract An agreement that is constraint by law is called as contract. Contracts are normally compliance with a law. The law provides counteraction if a promise is disobeyed or observe the activity as a duty. A contract can be accepted when it is bounden according to the law and a promise must be exchanged for the attention. Besides that, according to Section 10(1) states that “all agreements are contracts if they were made by the fee consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void”. This section 10(1) audibly states that the elements where an agreement becomes an important contract in law. 1.2 Elements of Contract There are eight element of contract which is needed for the formation of contract. First Element- Offer, when a person himself willing to enter the contract with another person. According to Section.2 (a) offer is anything like proposal that is converted into an agreement and is accepted with the specific terms. Second Element- Acceptance, the process of acceptance or receiving something offers that had been made. According to Section .2 (b) any offer that accepted and become a promise. Third Element- Consideration is an essential element for the formation of contract. According to Section.26, Promise as an agr... ... middle of paper ... ... offers that had been made by the developer to the purchaser. Whereas, the second element is acceptance also clearly stated in these agreement, where the purchaser accept the offers and whatever fees, maintenance and infrastructure fees and so on .The third element will be capacity, from these agreement clearly seen that the purchaser has all the capacity to be involved into a contract of agreement. Finally the last element that I have discussed in these assignment is free consent which is the contracts that had been made is free consent and not caused by coercion, undue influence, fraud, misrepresentation and mistake. Finally we can summarise that an agreement is always consists of eight elements of contract based the sections of contract law and it for me it is a good chance for me to apply principles of law relating to the elements of contract that I have chosen.
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.
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
The area of law that is required in order to form a legally enforceable contract is agreement.
In his article he states that “a contract implies mutually, an agreement or at least the outward appearance of an agr...
(b) the other party does make the contract in the course of a business; and
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. 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. An offer can be made to one person or a group of persons, or to the world at large.
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.
There are several types of contracts which impact the characteristics of the business in occasion control and providing industry(Bekiris & Doukakis, 2011). The contractor or service provider always try to fulfill the consumer to be able to improve the good will and the achievements of a company is relevant with the fulfillment of the clients. Different process should be followed to type a agreement and the agreement must be followed by the clients to make sure the achievements of any occasion.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
Consideration is one of the three main building blocks of a contract in English contract law and it is the exchange of benefit and detriment e.g., the making of a promise in exchange for an act or it can be anything of value such as an item or service which each party to a legally-binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration, the agreement is not legally a binding contract. In its traditional form, consideration is expressed as the requirement that in order for parties to be able to enforce a promise, they must have given something for it (quid pro quo): something must be given or promised in exchange or return for the promise. A contract must be "met with" or "supported by" consideration to be enforceable; also, only a person who has provided consideration can enforce a contract. In other words, if an arrangement consists of a promise which is not supported by consideration, then the arrangement is not a legally enforceable contract.
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.
7. The statement must be a factor in including the offeree to enter a contract.
In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.
Therefore it is important to have these elements mentioned above in a contract. It is oily if there are all the main elements present in a contract, then it would be legally valid to make a contract. People should take precaution in making a contract to make sure that the parties are in agreement with the terms in the contract. Valid contracts bind parties to the performance of the promises they have made in the contract. Each party must therefore provide to the other the benefits that has been bargained for in the contract, and one party cannot unilaterally terminate or modify his contractual obligations.