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THE ELEMENTS OF A CONTRACT by Alice Ken
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THE ELEMENTS OF A CONTRACT |
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Education,Law,Writing
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For a contract to be legally binding, offer, intention, price, and acceptance must be in place. A contract is made when an offer of one party is accepted by the other party. Not all people are allowed to a valid contract. There are a group of people that are supposed to be dealt separately, they include young people, people with mental impairment, bankrupts, prisoners, and corporations. A contract has four elements namely the offer, consideration, acceptance, and mutuality. Offer is defined as the promise to abound. There must be acceptance of what has been offered. A person can withdraw an offer before it has been accepted. However, before withdrawing the proposed offer, the person must communicate to the other party on matters about the withdrawal. Acceptance as an element of the contract occurs when the party answering the offer agrees to make an offer by way of a statement. Acceptance must be communicated to the offer. Consideration is the price paid for the promise made by the other party. The price must be something of value. Consideration can be some right, interest or benefit going to the one party. The court does don’t question the adequacy of consideration give the consideration exists and it is of some value. Documents under seal like deeds do not require the consideration for there to be a binding contract. In mutuality as an element of the contract , there is a proof that both parties read and understood the basic substance and the terms of the contract. According to this element, both parties must be bound to do their obligations. To avoid the invalidating of the contract, the parties must limit their discretion to the contract.
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