Preview

Business Law: Contract Validity

Better Essays
Open Document
Open Document
1090 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Business Law: Contract Validity
Running head: MGM230-0903B-04_P2-IP

MGM230-0903B-04_P2-IP
Tiffany Aliano
Colorado Technical University

.

Abstract

The following article will address the basics of what makes a contract valid. In addition, this paper will include an example of a contract as well as which sections make it a valid contract. Then, a contract made between my husband and me, to demonstrate a simple contract. This paper will also go into the factors that make a verbal contract lawful.

MGM230-0903B-04_P2-IP

Many factors make up a valid contract, or a promise in which the law will enforce. First there needs to be an agreement between the two or more parties involved, a bargain or exchange of service, money or exedra. One main factor is that the contract must be for a lawful purpose, as well as any party involved must be an adult of sound mind. In addition, both parties must be willing to participate in the agreement, and not bullied, harassed or tricked. If the contract is fulfilled by party members then the contract is discharged, but if for any reason a contract is breached certain remedy must be taken under consideration in order to resolve the broken agreement. (Beatty & Samuelson, 2007, p. 128)
Below is an example of a contract, the factors mentioned above will be highlighted in different colors for easy display. The “yellow” box captures the parties entering into the contract, in the “red” box list the purpose of the contract. The next box or “green” box states the conditions in which needs to be met in order for the contract to be fulfilled. The following box or “blue” box states that each party is in the right state of mind in order to participate in said agreement or contract. In the “purple” box, the agreement explains which court has jurisdiction and can enforce said contract. The final box, which is “orange” includes signature lines for the parties involved, which verifies that all party members involved understand the conditions of the



References: Beatty, J., & Samuelson, S. (2007). Introduction to Contracts. In Calhoun, Jack (Ed.), Introduction to Business Law (Second ed., p. 128). Mason, OH: Thomson Higher Education. Sample Contract. (2008). Retrieved September 4, 2009, from American Land Company Web site: http://www.americanlandco.net/finance/SAMPLE%20contract%20for%20sale%20of%20R.E.-ACREAGEsm.jpg Verbal Contract Information. (2001). Retrieved September 4, 2009, from Online Laywer Service Web site: http://www.onlinelawyersource.com/contract/verbal.html

You May Also Find These Documents Helpful

  • Good Essays

    The definition of a valid contract is that it complies with all of the legal requirements for a contract. There are several types of contracts. First is a unilateral contract, which is one that only one of the parties involved makes the promise. The other party involved would than act in return for the promise stated. A bilateral contract is when both partied make a promise. An implied contract is when there are surrounding circumstances along with facts, which show that a promise was created. A contract is not executed when all of the parties involved have fully completed their promise and contractual duties.…

    • 620 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into, some knowingly and even some unconsciously. Buying a car with financing is a type of loan, entering into a new work place, and even getting a haircut is a type of contract.…

    • 552 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Law 531 Memorandum

    • 981 Words
    • 4 Pages

    University of Phoenix. (2002). Legal Environment of Business: Contract Creation and Management. Retrieved from Law 531 – Business Law. https://ecampus.phoenix.edu/secure/aapd/vendors/tata/sims/legal/contract/legal_contract_frame.html…

    • 981 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    BUS 311 Week 5 Final paper

    • 2534 Words
    • 7 Pages

    Smith, C. A. (2012). Contracts. http://www.west.net/~smith/contracts.htm Information regarding elements of a contract and remedies for breach.…

    • 2534 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Contracts are essential in the business world and apply to both large and small businesses (Lau, 2011). Essentially, contracts are a legally enforceable promise to do something in exchange for something of value (Beesley, 2016). Elements of a contract formation include offer, acceptance and consideration (Colorado State University – Global Campus, 2016). Without proper formation, contracts can be invalid (Lau, 2011). The six elements of contract formation are offer, acceptance, consideration, mutuality of obligation, competency and capacity, and sometimes a written instrument (US Legal, n.d.). Contracts can be both bilateral, meaning an agreement between two parties, or unilateral, where action is taken by one party or group (Lau, 2011). This…

    • 833 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    1. At least two separate parties entering into an agreement: The agreement can be between two people, or one person and a company or between two companies.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Contracts are used in today’s world as a major part of interaction between individuals or companies and consumers. Contracts are often used within our professional and personal lives; they allow business and individuals the ability to sell, purchase, or transfer services, property, and other rights (AIU Online, 2011). Such as the selling or purchasing of a vehicle or home, marriage or divorce, a conglomerate employs another firm or agency to perform a job for them like adverting for example. When determining the legitimacy of a contract, one should ask was an offer made, was the offer worth considering or considered, and was it accepted (Contract Law, n.d.)?…

    • 961 Words
    • 4 Pages
    Better Essays
  • Good Essays

    To determine whether parties have an enforceable contract, you must be familiar with two basic concepts of contract law: the Statute of Frauds and the concept of acceptance.…

    • 1286 Words
    • 6 Pages
    Good Essays
  • Good Essays

    There are different types of contracts bilateral, unilateral, expressed and implied-in-fact. What are the four elements of a valid contract? These elements required for a valid contract consists of; a meeting of the minds between the parties, consideration, an agreement to enter into the contract and legal competence of each party. (Allbusiness.com, 2007) A meeting of the minds between the parties is where both parties agree on what is being sold, purchased or traded. Consideration which is that what is being sold, purchased or traded has “legal value” (AIU Online Business Law Course Material, 2007) Legal value consists of money, land, services and thing else that has value. (AIU Online Business Law Course Material, 2007) An agreement to enter into the contract is where both parties agree upon what consideration is to be exchanged. (Allbusiness.com, 2007) And last all parties entered into the contract must be legally competent; anyone under the age of 18, person lacking of sound mind or person who lacks authority can not legally enter into a contract. (Allbuisness.com, 2007)…

    • 645 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Unit 21 P1

    • 898 Words
    • 4 Pages

    (Make sure you cover when and how a contract comes in to existence, invitations to treat, offer, acceptance and counter offers.)…

    • 898 Words
    • 4 Pages
    Satisfactory Essays
  • Better Essays

    Built Enviroment law

    • 2490 Words
    • 10 Pages

    A valid contract is a legally enforceable agreement, giving obligation to the parties, which are involved. The law on contract determines which agreements are enforceable, providing remedies if these obligations are broken, Koffman and Macdonald 2007. Contracts can be classified as formal or simple. Formal contracts are agreements made in writing, which must follow all requirement stated in that contract. Formal contracts must follow a specific form to be enforceable and executed under seal for its validity, referred to as a deed. Few contracts are required by common…

    • 2490 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    Assignment 1 primarily deals with key elements of Contract Law. In the assignment main parts of any contract and various types of business contracts will be considered, and such topics as „What makes a valid contract?“ will be discussed. Rules of offer and acceptance as well as rules of intention and consideration will be viewed in terms of specific situations. At the same time, theoretical part of the assignment will be linked to some particular cases in business, and through the synthesis of ideas the relevant decisions will be made. In the end based on the results of the research and case study I will make conclusions and evaluate my work.…

    • 3517 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    According to Section-2(d) of the Indian Contract Act, 1872 “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise.”…

    • 1567 Words
    • 6 Pages
    Powerful Essays

Related Topics