Contract
A contract is a promise or set of
promises that are legally enforceable and, if violated, allow the injured party
access to legal remedies. Contract law recognises and governs the rights and
duties arising from agreements. In the Anglo-American common law,
formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound.
Each party must have capacity to enter the contract. Although most oral
contracts are binding, some types of contracts may require formalities, such as being in writing or by
deed.
In the civil law tradition,
contract law is a branch of the law of obligations.
A voluntary, deliberate,
and legally binding agreement between two or more competent parties. Contracts
are usually written but may be spoken or implied, and generally have to do with
employment, sale or lease, or tenancy.
A contractual relationship is evidenced by:
A contractual relationship is evidenced by:
(1) an offer,
(2) acceptance of the offer, and a
(3) valid (legal and
valuable) consideration.
Each party to a contract
acquires rights and duties relative to the rights and duties of the other
parties. However, while all parties may expect a fair benefit from the contract
(otherwise courts may set it aside as inequitable) it does not follow that each
party will benefit to an equal extent.
Existence of contractual-relationship does not necessarily mean the contract is enforceable, or that it is not void (see void contract) or voidable (see voidable Contract). Contracts are normally enforceable whether or not in a written form, although a written contract protects all parties to it. Some contracts, (such as for sale of real property, installment plans, or insurance policies) must be in writing to be legally binding and enforceable. Other contracts (see implied in fact contract and implied in law contract) are assumed in, and enforced by, law whether or not the involved parties desired to enter into a contract.
Existence of contractual-relationship does not necessarily mean the contract is enforceable, or that it is not void (see void contract) or voidable (see voidable Contract). Contracts are normally enforceable whether or not in a written form, although a written contract protects all parties to it. Some contracts, (such as for sale of real property, installment plans, or insurance policies) must be in writing to be legally binding and enforceable. Other contracts (see implied in fact contract and implied in law contract) are assumed in, and enforced by, law whether or not the involved parties desired to enter into a contract.
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