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Saturday, February 1, 2014

Dq1_wk3

Running head : ELEMENTS OF A CONTRACTElements of a Contract Elements of a ContractOne of the close to important tenets in law is : if it s not in writing , it did not happen The law could protect sever either troupe engaged in an covenant if the agreement was put in writing in the form of squeezes . It is innate , on that pointfore , to form expurgates amongst two or to a great extent parties , especially those engaged in business , to stave off difficulties in winning a title in example there is a breech in the agreementA shorten is an substitution of promises between parties . It is an agreement between two or more than parties to do or refrain from doing manything . Almost invariablyyone engage in a contract . It may be oral or compose . However , pen contracts are as most jurisdictions may render oral con tracts unenforceable . There is nigh eternally enough room for disagreement and parties may claim something former(a) than what was agreed upon without proper documentation , usually a create verbally contractContracts have accepted elements for it to be considered valid and binding . react to the footing of agreement is the most important element of a contract . Without apply , there can never be an agreement , whence no contract . There moldiness be consensus ad idem or a meeting of the minds in front there can be any contracts . Ollek (n .d ) held that there essential be an intention to enter into a profoundly binding contract for it to be effective . There mustiness be an cleft of the terms from one side and word sense of the hold out from the different . furthermore , valid consent is given single by those who have the legal content to enter a contractThe object or purpose is the adjoining element of a contract . This is the assert make by the initiat ing party . This is patently a statement t! hat a certain party is lively to enter into an agreement with another on certain terms . It is also implied that the party making the adduce is prepared to be bound by the terms (Ollek , n .d ) of the agreement if ever it is accepted by the other party . Oftentimes , the nominate has certain time limit where it could be accepted . Furthermore , objects must also be legal . If the object is smuggled because of the statute of common law , it get out be considered voidThe ending element is the consideration . Each party touch in the contract must receive something of lever . Consideration is what makes the other party accept the offer made and enter the contract . It may also be some benefit or advantage to the soul making the offer and a gibe cost or prejudice to the person accepting the offer (Ollek , n .d . Ollek (n .d ) explained that the law only requires that there be equal consideration and that only the party involved can regularise whether or not the considera tion is decorous Any contract without this element is not considered as legally binding , hence is void , and there is no contract at allAcceptance should...If you exigency to get a full essay, invest it on our website: OrderCustomPaper.com

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