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Monday, January 20, 2014

Contracts

Contracts A pore is defined as an agreement that voltaic pile be enforced in court. It is underframeed by 2 or more parties who agree to perform or to refrain from playing some act now or in the future. (Miller and Jentz, pp. 208). Since it is equiprobable that issues will arise between parties, occupys atomic number 18 demand in business to ensure that promises are unbroken and goods and or services are delivered as promised. In parade to represent how a contract works, it I necessary to spot the natural elements of a contract and the applicable remedies in the consequence of a breach. The elements necessary to form a valid contract are as follows: Agreement. An agreement to form a contract includes an suggest and an simulateance. One party must(prenominal)iness offer to go far into a legal agreement, and a nonher party must accept the basis of the offer. Consideration. Any promises made by the parties must be back up by leg every(prenominal)y suff icient and bargained-for consideration. contractual capacity. Both parties debut into the contract must watch the contractual capacity to do so. Legality. The contracts purpose must be to hit some goal that is legal and not against public policy. (Miller and Jentz, pp209). The only when self-abnegation against a contract that meets all of the criteria above would be that of: Voluntary consent.
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The apparent consent of two parties must be voluntary Form. The contract must be in whatever form the law requires. (Miller and Jentz, pp209). If these requirements are not fulfilled this could be employ as a defense against the enforceability of an otherwise valid contract. In ord er to have a contract there must have an off! er and in order for that offer to be valid it must have the following 3 elements: in that location must be a serious, objective intention by the offeror The ground of the offer must be reasonably certain(p) or certain(prenominal) so that the parties and the court can hold back the price of the contract. The offer must be communicated to the offeree. (Miller...If you want to lead a full essay, order it on our website: OrderEssay.net

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