The assignment for this week is regarding enforceable contracts. In an effort to determine if a contract is enforceable, there first has to be the basic understanding of a contract. According to Sequist, it is important to know that contract law is governed by common law or the Uniform Commercial Code. (Sequist, 2012) A contract is considered a legally binding document. (Matt and Fleming, 2012) Due to this fact, it important that all parties involved have a full understanding of what the contract entails in the event that some form of ligation or dispute arises. The scenario for this assignment is that an individual is hired by Fabulous Hotel to be their head chef under a two-year employment contract. The individual has worked the duration of the contract and is being sought by another hotel. However, some clauses could cause a conflict of interest. There is a clause regarding working for another entity in close proximity for set period if they leave Fabulous Hotel. Analyze Contract Enforceability The are five elements to an enforceable contract. One of the elements is an offer and the party’s acceptance. (Matt and Fleming, 2012) The contract is extended to a party and after consideration, the party accepts. The offer has to be distinguishable and clear. The offer is considered a definite promise that is to be honored by both parties. (Matt and Fleming, 2012) There is an opportunity for an individual to withdraw from a contract before it is accepted.
A legal contract arises when there is an offer, acceptance of that offer and also a sufficient consideration to make the contact valid. There are five essential elements that make a contract legal and these includes;
Four elements are necessary for a contract to exist. According to Kubasek et al., (2012) “These elements are the agreement, the consideration, contractual capacity, and a legal object,” (p. 304). The agreement consists of an offer from one party and an acceptance from
A contract requires four elements to be valid. Essential elements in any contract include the following: agreement, consideration, legal ability, and a legal object (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). The agreement includes the offer made to the other party who then agrees to enter into the contract. The consideration includes the exchange each party receives as a result of the contract. The legal ability is capacity one has to enter into a legal contract. The legal object is the legality of the contracted issue. These elements together create an effective, valid contract.
A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
These are the 4 main elements of a contract, and a contract will not be valid without these.
Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:
Apply the five essential elements of an enforceable contract to your example and answer the following questions.
Under Common Law, for a contract to exist, three elements must be present: an offer, an acceptance and a consideration. The notions of offer and acceptance under Common Law are not fundamentally different from those in French contract law, although their effects may differ. The offer indicates the willingness of a party to enter into a bargain, and the acceptance reflects the agreement of the other party to the offer.
1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.
There are three main elements for the formation of a legally binding contract, intention, agreement and consideration. The requirement that requires discussion here is the existence of an agreement by the parties to enter into a legally binding contract.
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.
There are six elements that constitutes a valid contract. A contract can be formal or informal depending on the outcome that Mrs. Smithson is looking for. The four elements of a valid contract are offer, acceptance, consideration, and capacity. An offer or a promise is considered to be an agreement, if there is no offer then there cannot be a contract. Offer is there to make sure that the contract is legally binding or acceptable. If an offer is accepted then it is considered to be legally valid contract. The contract is made when there is acceptance from the other person or party. If, however the parties are still in negotiation then there is no contract because it can only be formed when there is an agreement between the two parties. The
The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).
The last requirement of a valid contract is that its provisions be legal. If a