1. List And Explain The Elements That Must Be Present For An Agreement To Qualify As A Contract

A contract is not mandatory if all six elements – offer, acceptance, mutual consent, consideration, ability and legality – can be proven. Although “competent parties” are a prerequisite for any legal contract, it is subject to rigorous scrutiny in contracts with the elderly or disabled. A person with dementia may not be psychologically competent to sign a contract to sell his property to another party. For a contract to be valid, it must have four key elements: agreement, capacity, reflection and intent. Contracts always start with an offer. An offer is an expression of the willingness to enter into a contract on certain conditions. It is important to determine what an offer is and what is not. Offers must be firm, unambiguous or vague. A person making the offer is designated as a supplier. Depending on the topic, there may be a few additional sections, but contracts usually follow a similar format. In many cases, a written contract is required to enforce the conditions in court. Marriages, leases, mortgages and other real estate contracts, as well as agreements for projects longer than one year, must be challenged in writing in court. Assuming there are rare exceptions, a signed contract is usually required to obtain a judge to resolve disputes.

Acceptance of an offer indicates that it is prepared to meet the essential terms of the contract. Acceptance must be made in a manner defined in the offer. In the absence of concrete means, the offer must be accepted in a manner deemed appropriate for this specific situation. A contract involves two or more parties who are responsible for concluding a legally binding agreement. While a contract may be verbal or implied, it is usually written. If a contract is enforceable, a court may compel the parties to respect what they have agreed to in the contract. Similarly, people with mental disabilities may invalidate most contracts or have a guardian cancel them. If the person did not have the mental capacity to understand the meaning and effect of the treaty, they do not have the capacity to enter into a contract. Like contracts made by minors, agreements with necessity are not cancelled.

The agreement, known as a binding agreement under the counterparty, will ensure that the two parties are linked in the same way. People under the influence of drugs or alcohol are not considered compatible. This does not mean that someone is deliberately intoxicated, that the courts allow them to get out of their contractual obligations. In general, that doesn`t happen. People who are lulled still have to take responsibility for the results of their actions while they are under the influence. Reflection is what a party will “pay” to conclude the contract. Payment is a lax notion in the definition of consideration in a contract, because what a party receives for signing the contract is not always money. While a real estate contract could say that the property will change ownership for $1 million in return, a tenant may have a place to live to take into account the improvements of the property while living there. A person who is minors or unable to act does not have the competence or ability to be legally bound by a contract.

If possible, it is best to write a contract. If the parties disagree on the terms of the contract or are not clear, it is up to a court to decide what those terms mean. The court will then have to consider how the services, promises and exchanges were carried out in order to identify the intentions of the parties. Silence is generally not considered an acceptance unless it is clear that the hypothesis was intentional (for example. B by behavior, such as paying for a product). What is acceptable depends on the nature of the contract. Doing something voluntary is not a reflection. Say that your neighbor noticed that your plants are dead and took the risk of watering them for you.


Published on: April 7, 2021  -  Filed under: Uncategorized