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Six essential elements of a valid contract
Essay on essential elements of a valid contract
Essay on essential elements of a valid contract
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LO1 Understand the elements of a valid contract in a business context 1.1 Explain the importance of the essential elements required for the formation of a valid contract. There are several essential elements that are needed in the formation of a contract namely offer and acceptance, capacity, consideration, intention to create legal relations, consideration and privity of contract. Offer & Acceptance An offer is the willingness to contract with a specific set or terms made by the offeror that if accepted that person or individual is bound by a contract. Acceptance An acceptance is the absolute agreement to a contract and its terms along with its offer. The contract must reflect the original offer made from start. Capacity This is the total completion of accepting the terms of the contract from both parties without having any legal restrictions or any other discrepancies in doing so. Consideration This is the exchange of some goods or services that is a part of the contractual agreement by both parties. Privity to Contract This is a preventative element whereas it acts as a security to state that only the [parties involve in the contract is liable to sue each other if a breach of contract should occur. This means that no third party can be involved in the contract for lawsuits or make any claims other than the two parties involved in the contract. 1.2 Discuss the impact of different types of contracts There are several types of contracts namely: Bilateral & Unilateral Expressed & Implied Valid & Enforceable Voidable & Void Executed & Executory Contracts come in the form of verbal, written, face to face. Each of these forms has their respectable impacts. When performing a contract face to face it i... ... middle of paper ... ...sidered to be legit and trusting. Contracts can be written, verbal and face to face; these contracts have terms and conditions that are very important and if breached are accompanied by different consequences whether serious or trivial. Neglecting contracts and agreements can cause serious injury to someone’s property, reputation or livelihood. In a business format vicarious liability happens all the time where an employee defaces a company via tampering with their products or establishing misconduct under the company name and brand outside of the company’s presence (company property). Laws play a very integral role in contracts as it is through this medium that justice can be served with reason and understanding from the law requirements of this country. There are different types of contracts for different types of situations and agreements.
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.
Various elements must be present to prove that a valid contract exists between Sam and the chain store. The four elements to a contract are agreement, consideration,
ACCEPTANCE: comes for the other party to whom the offer was made and all the terms and conditions are been communicated to him and he accept all of them without conditions.
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]
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration.
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 acceptance is a sign, action or a statement from the offeree to the offeror showing him the intention to be legally bound by the terms of the offer. There are three conditions related to the acceptance, i.e. the acceptance must be communicated to the offeree by the time and the mode stated by the offeror, the acceptance must be certain and the terms of acceptance must be the same as the terms of the original offer made by the
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.
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.
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.
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.
Contracts play a basis part in our everyday lives as well as for the businesses transactions (Lee and Detta, 2009). A contract defined as a voluntary agreement to exchange of promises, services, and things which can be enforceable by law (Lee and Detta, 2009). Besides, a contract also known as agreement where there is a legally binding contract between the parties, promisor and promisee (Lee and Detta, 2009). However, not all agreements become contract recognizable in law because there are parties who have no intention to create a legal relations or the agreement is offend against the law and is illegal (Lee and Detta, 2009).