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4 elements of a valid contract
4 elements of a valid contract
Explain the four elements of a contract
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The sale of a movable item such as a car is a transaction that is meant to benefit the seller and the buyer. In this case, the sale of the blue 4-door sedan was to benefit both the local car dealership and Jim and Laura. However, the sale transaction did not proceed smoothly. Problems arose when Jim and Laura reneged to accept the delivery of the car even after they had made an initial deposit of $100.00. Interpretation of the contract law is helpful in understanding the outcome of this scenario. Elements of a Legal Contract For the sale goods such as cars a contract can be made in any style provided it shows agreement between the seller and buyer. The formation of a legally binding contract must meet several requisite elements that include …show more content…
Mutuality of obligation requires that both parties are compulsorily bound to perform their obligations under the contract. Both Jim and Laura, and Stan Salesman were mutually obligated to fulfill their obligations to the contract. Stan Salesman guaranteed Jim and Laura that the car would be held for a day. Jim and Laura were obligated to accept the delivery of the car. Competency and capacity to initiate a contract is an important element for a contact to qualify as legal. A person who enters into contract agreements possesses the full legal capacity to assume complete liability for his or her duties to the contract. Exceptions include if the person is intoxicated, mentally incapacitated or a minor (Pratt, 1987). There are no indications that Stan Salesman, Laura, and Jim did not possess the complete capacity and competency to enter into the contract. A written instrument is required in some circumstances to make a contract valid. However, not every contract requires written instruments. A contract can be made in writing or orally provided both parties acknowledge the existence of the contract (Killarney House Cork, …show more content…
First, the contract was made orally between Stan Salesman, and Jim and Laura. Both parties also acknowledged the existence of the agreement to purchase. Second, the parties were competent enough and possessed the complete capacity to enter into the contract. There is no indication that the Stan Salesman, Jim, and Laura were minors, intoxicated or were mentally incapacitated. There was an exchange of consideration to validate further the contract. Jim and Laura paid $100 to Stan Salesman as a deposit that would ensure that the car is held for a day. Also, Stan Salesman accepted the contract conditions by promising that the $100 paid as a deposit would be refunded. Furthermore, Jim and Laura made an offer to purchase the blue 4-door sedan car after test-driving several cars at the dealership. The made the offer with the full knowledge that they will afford the monthly payments for the car. At the back of their minds, Jim and Laura had decided to commit $400 a month in car
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1. Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house.
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
In this dilemma, I must decide whether to honor the requirements contract with Marshall Peterson, a mutual friend and a business partner or sign an output contract with a Texas company and potentially double my business profits. Until now, Marshall and I have seemingly enjoyed a profitable business relationship that has always been based on mutual benefit and trust. Although, Marshall often tests the trust in our business relationship by not honoring the terms of the invoices. Marshall and I had an implied contract until he convinced my minor son, at the time, to sign a requirements contract. An implied contract is a contract that arises not from the words of an agreement, but from the conduct of the parties (Kubasek et al., 2016). Prior to
Most contracts never see a courtroom and they could easily be verbal unless there is a specific reason for the contract to be in writing. But when something goes wrong, a written contract protects both parties. If one party to a valid contract believes the other party has broken the contract the party being harmed can bring a lawsuit against the party who it believes has breached the contact (Murray, 2016). The legal process determines whether the contract has been breached or whether there are circumstances that negate the breach. The court will only hear a contract dispute if the contract is valid. The difference between a Contract and an Agreement is most people use the terms "contract" and "agreement", they are not the same. A contract is an agreement between parties creating obligations
(Insert Citation p 305). Consideration refers to the attained good or service agreed upon by each party under a contract. Contractual Capacity is the legal ability to enter into a binding agreement. Some factors that affect contractual capacity are: age, mental health and agreements under alcohol intoxication. Last but not least is the legal object, which means that for a contract to be enforceable it must be of legal intent and comply with public policy. If all of these factors are present in a contract, we can conclude that a binding contractual agreement exists and it is enforceable by law.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
The area of law that is required in order to form a legally enforceable contract is agreement.
Four requirements for a valid contract that is legally binding are: agreement, consideration, contractual capacity, and legality. Any contract