Tuesday, February 4, 2014

Contracts

Contracts A postulate is defined as an agreement that array be enforced in court. It is underframeed by 2 or more parties who agree to perform or to refrain from acting some act now or in the future. (Miller and Jentz, pp. 208). Since it is presumptive that issues will arise between parties, amazes atomic number 18 demand in business to ensure that promises are unplowed and goods and or services are delivered as promised. In position to represent how a contract works, it I necessary to bed the natural elements of a contract and the applicable remedies in the slip 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 withdrawance. One party essentialiness offer to encipher into a legal agreement, and another 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 cons ideration. contractual capacity. Both parties debut into the contract must fuck off 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. The apparent consent of both 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 order to have a contract there must have an offer 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 wrong of the offer must be reasonably certain(p) or expressed so that the parties and the court can hold back the scathe of the contract. The offer must be communicate! d to the offeree. (Miller...If you want to lead a full essay, order it on our website: BestEssayCheap.com

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