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Yes, it can
- The short answer is – yes, it can. In general, an executed agreement between parties that is complete in and of itself and free of ambiguity is an enforceable contract, even though one party claims that he did not understand the agreement and that the agreement did not represent what he thought he was agreeing to.
www.jeremywrichter.com/2018/09/13/is-a-contract-enforceable-when-one-party-claims-to-have-misunderstood-it/
The enforceability of contracts is influenced by seven key factors. First, mutual agreement requires clear offers and acceptance. Second, parties must have the capacity to contract, which typically excludes minors. Third, the legality of purpose ensures agreements do not involve illegal activities.
- Economic Exchange
- Types of Contracts
- Contracts Under Civil and Common Law
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- Consumer Protection and Good Faith
In general, contracts are always formed on the same pattern. A person offers to give another person something (for example: to deliver an item in return for a certain price); to provide a service (to work for a certain salary); or to refrain from doing something (not to competefor a period of time in return for compensation). If the offer is accept...
The four most common types of contracts are: 1. the contract of sale, whereby a person acquires the ownership of property in return for payment; 2. the lease and hire of services, whereby a person offers his services to another in return for payment; 3. the lease and hire of things, whereby a person is temporarily granted the use of property (e.g.,...
Unlike other agreements, a contract is a legally binding promise. If one of the parties fails or refuses to fulfil its promise without a valid reason recognized by law, the party suffering the consequence of this breach of promise may call upon the courts either to force the defaulting party to carry out its promise (specific performance) or to dem...
For a contract to be valid and therefore legally binding, five conditions must be met. First, there must be the mutual consent of both parties. No one can be held to a promise involuntarily made. When consent is given by error, either under physical or moral duress, or as a result of fraudulent practices, the contract may be declared null and void ...
Parties to a valid contract are always bound by law to carry out their promise. Should they fail to, the other party is free to go to court to force them to comply. At times, the court may order the defaulting party to do exactly what he had promised (specified promise). In that respect, civil law provides more readily for the forced execution of p...
Increasingly, provincial and federal legislatures are acting to protect citizens against certain abusive commercial practices. Consumer protection law, in which rules and standards are imposed to suppress fraud, to avoid forced sales and to protect the consumer against dishonest practices, is an example of this type of action. The Quebec Civil Code...
- Lack of Capacity. It's expected that both (or all) parties to a contract have the ability to understand exactly what it is they are agreeing to. If it appears that one side did not have this reasoning capacity, the contract may be held unenforceable against that person.
- Duress. Duress, or coercion, will invalidate a contract when someone was threatened into making the agreement. In an often cited case involving duress, a shipper (Company A) agreed to transport a certain amount of Company B's materials, which would be used in a major development project.
- Undue Influence. If Person B forced Person A to enter into an agreement by taking advantage of a special or particularly persuasive relationship that Person B had with Person A, the resulting contract might be found unenforceable on grounds of undue influence.
- Misrepresentation. If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions.
May 5, 2017 · You can’t contract to perform illegal activities and you certainly can’t contract away constitutional rights. Contracts won’t be enforceable if they’re unconscionable and, in making enforceability determinations, courts give significant weight to public policy.
Jul 9, 2024 · An enforceable contract is a valid, legally binding agreement between parties that can be upheld in a court of law. It needs to fulfill several conditions, such as a clear offer and acceptance, mutual consent, consideration, and intention.
Oct 24, 2020 · For a contract to be valid and legally enforceable, the parties to the Contract must agree on the same terms in the same sense. If there is any confusion concerning any of the terms, article, or consideration, where the parties to the Contract interpret it in a different purpose, it could invalidate the Contract.
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What if a contract is illegal?
Dec 10, 2023 · For a contract to be valid, both the subject matter of the contract and the actions it requires must be legal, and any contract that involves activities that are illegal, unethical, or against public policy is not enforceable.
