Saturday, September 7, 2013

Dq1_wk3

Running head : ELEMENTS OF A CONTRACTElements of a Contract Elements of a ContractOne of the roughly important tenets in law is : if it s not in writing , it did not happen The law could protect switch either troupe engaged in an covenant if the system was put in writing in the form of squeezes . It is indispensable , in that respectfore , to form expurgates amongst two or to a great extent parties , especially those engaged in business , to overturn difficulties in winning a rent in result in that location is a breech in the agreementA strike is an put back of promises between parties . It is an agreement between two or to a greater extent parties to do or refrain from doing fewthing . Almost invariablyyone engage in a contract . It may be oral or compose . However , pen contracts are as most jurisdictions may render oral contracts unenforceable . There is about eternally enough room for disagreement and parties may claim something former(a) than what was agreed upon without proper documentation , usually a write contractContracts have authoritative elements for it to be considered valid and binding . play off to the footing of agreement is the most important element of a contract . Without bear , there can never be an agreement , whence no contract . There essential 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 lawfully binding contract for it to be effective . There must be an cleft of the terms from one side and acceptation of the hold out from the different . furthermore , valid consent is given single by those who have the juristic electrical capacity to enter a contractThe object or purpose is the following(a) element of a contract . This is the assert make by the initiating company . Th! is is patently a statement that a certain party is lively to enter into an agreement with another on certain terms .
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It is also implied that the party making the prolong 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 offering 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 bequeath be considered voidThe ending element is the consideration . Each party touch on in the contract must receive something of valuate . 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 individual 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 consideration is fitted 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, enjoin it on our website: OrderEssay.net

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