Saturday, October 12, 2013

Contracts

Contracts A ingest is defined as an agreement that heap be enforced in court. It is underframeed by 2 or more parties who agree to perform or to refrain from playing some act now or in the future. (Miller and Jentz, pp. 208). Since it is apparent that issues will arise between parties, removes atomic number 18 demand in business to ensure that promises are kept and goods and or services are delivered as promised. In tramp to represent how a contract works, it I necessary to be the natural elements of a contract and the applicable remedies in the item of a breach. The elements necessary to form a valid contract are as follows: Agreement. An agreement to form a contract includes an suggest and an requireance. One party mustiness offer to participate into a legal agreement, and a nonher party must accept the basis of the offer. Consideration. Any promises made by the parties must be back up by leg eithery sufficient and bargained-for consideration. co ntractual capacity. Both parties debut into the contract must produce the contractual capacity to do so. Legality. The contracts purpose must be to hit some goal that is legal and not against public policy. (Miller and Jentz, pp209). The only when defence against a contract that meets all of the criteria above would be that of: Voluntary consent.
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The apparent consent of two parties must be voluntary Form. The contract must be in whatever form the law requires. (Miller and Jentz, pp209). If these requirements are not fulfilled this could be employ as a defense against the enforceability of an otherwise valid contract. In or der to have a contract there must have an of! fer and in order for that offer to be valid it must have the following 3 elements: in that location must be a serious, objective intention by the offeror The hurt of the offer must be reasonably certain(p) or distinct so that the parties and the court can hold back the monetary value of the contract. The offer must be communicated to the offeree. (Miller...If you want to lead a full essay, order it on our website: BestEssayCheap.com

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