1.1 Explain the importance of the essential elements required for the formation of a valid contract A valid contract is a contract that complies with all the essentials of a contract and is binding and enforceable on all parties (Investorwords‚ n.d). Essential elements of the contract: - Agreement = Offer + Acceptance - Consideration - Intention to create legal relations A. AGREEMENT = OFFER + ACCEPTANCE In order to create a valid contract‚ there must be a ’lawful offer’ by one party
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Six Essential Elements of an Enforceable Contract In normal everyday life contracts are utilized for various situations and reasons. Some contracts are more binding as compared to others based on the six elements of offer‚ acceptance‚ consideration‚ the parties’ capacity to contract‚ the parties’ intent to contract and the object of the contract. This paper examines the above mentioned elements using a contract existing between a customer and a phone dealer. The phone dealer dealt with used but
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Essential Elements of Enforceable Contracts Business Law I 311 Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue‚ we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract‚ the six essential elements of enforceable contracts
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CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations
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A contract is a legally binding agreement or relationship that exists between two or more parties to do‚ or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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Agreement Offer The offer must be communicated by the offeror or an authorised agent of offeror to offeree: Henthorn v Fraser However‚ it is not necessary for an offer to be made to a specific person or a class or group of people. An offer can be made to "all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking
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5.00 Word count: 1418 A contract is an agreement containing promises made between two or more parties with the intention of creating legal rights and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an agreement between the parties. There must be an offer proposed by on party‚ and acceptance by the other. The second element is whether or not there was
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Indian Contract Act states that‚ "every promise on every set of promises forming the consideration for each other an agreement. An agreement is a form of cross reference between different parties‚ which may be written‚ oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable. It is also a fact that an agreement is a proposal and its acceptance‚ by which two or more person or parties promises to do abstain from doing an act. But a contract according
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LAW OF CONTRACT The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. Indian Contract Act‚ 1872 came into effect from 1st September‚ 1872. It extends after
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