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Requirements of a valid contract
Requirements of a valid contract
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Types of contracts and examples Did you know that contracts can be classified by how and when they were formed so each contract has a strict set of ways they can be called? The types of contracts are bilateral contracts, unilateral, formal, informal, express, implied, executed, executory, valid, voidable, unenforceable and void. The first type of contract we will explore is a bilateral contract the definition of this contract is a promise for a promise. This contract will come in to play as soon as a promise is made to do something. If someone says that they will do something and someone else agrees to do something that will be this a bilateral contract. let’s say james Inc. and Braxton’s family made a contract offering Braxton family 12 …show more content…
The definition of this contract is formed by the conduct of the parties. This contract is saying that to form an implied contract there is certain things that must be there. One of them is a plaintive furnish someone’s property, that plaintiff expected to be paid and the defendant knows then that is an implied contract. An example would go something like this, daisy hires a local boy named blue to come and babysit her children. Blue agree to babysit the kids. Blue thought that daisy will come and bring the kids to him, although daisy was for sure that blue would come to her house for the …show more content…
another example of capacity would be if a legally intoxicated person goes and signs a contract which says that they would give someone there identy for 100 dollars. That’s why I like this because the contract would be void because the drunk person is not mentally stable to understand what they are doing. Different types of remedies Did you know that there are 4 types of remedies of a breach contract they consist of compensatory, consequential, punitive, and nominal damages? The first thing that I am going to be talking about is compensatory the book defines this as something used to cover direct losses and cost. Basically, saying that you would only get what your loss and you will not be in a can get more of what was lost. This also serves as a protector so many people do not have a lot of charge added on to what they have already an example of this would-be jimmy got fired from his job because his boss changed his mind about him, jimmy sues the boss for compensation but the boss will only have to pay as much as jimmy was off and was looking
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
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
In contract law, in the event that parties enter into an agreement for product or services a contract is formed and can be enforced by the law. In the event that the contract is breached both parties have the rights for relief if the contract has not been satisfied. The types of remedies in contract law, when a contract is breached, are damages, rescission and restitution, and specific performance. Damages are a way of compensating the innocent party when the contract has been breached.
When parties enter into a bilateral contract, “an agreement in which the parties exchange promises for each to do something in the future,” each must hold true to his/her promise (Bilateral Contract, n.d.) When is a contract considered fully executed? What happens when one party fails to fully comply with clauses stated in a contract? What recovery is available for the non-breaching party, if fall-out occurs from improper actions of the other party immediately after execution, but before payment is made? These are some of the questions that will be answered in the following scenario and subsequent negotiation.
Next, we determine the consideration of the deal. In a bilateral contract such as this, the consideration is a promise. Mr. Stevens promises to deliver his product to the store, who in turn makes a promise to
contract “refers to a contract drafted by one party in a position of power, leaving the weaker party
Recognizing what the law stipulates is extremely important. It protects an individual from suffering injustice committed by others consciously or unknowingly. In business dealing, contract law is commonly cited as a guidance on how the deal will be sealed. This law is so fundamental that every business person must be recognize the elements of this law. An individual can be tricked into entering a contract or be lied that they have a contract and in the process end up losing millions. To this end, both sellers and buyers should consider seeking legal advice when met with a new situation. With time, people have developed new ways of tricking people into signing a contract. Having signed this contract, an individual may be
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
Describe tort law and the types of damages in a tort lawsuit. Provide two examples of tort damages in the business environment.
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]
In today’s society, businesses are hiring more hourly workers to support their workload. Most of these hourly workers have to work more than one job because they cannot survive off eight dollars an hour. Because of this occurrence, employers are involving non compete agreements in their contracts with their employees. Non compete agreements state that the employee of one business cannot work for the business’ competition. Although this helps the business, there are issues when it comes to the low to average pay workers.
Implied terms – they are not expressed but they are adopted as “obvious” an individual must comply with (e.g) if buying a product and it is not in a good taste the consumer has the right to return it to the owner for exchange or refund.
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 contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.