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Feb 6, 2012 · 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 compete for a period of time in return for compensation). If the offer is ...
For instance, if two people are in a contract, and one person promises that they won’t enforce a contractual right they have, but later sues for breach, the promisee can use promissory estoppel as a defense. Equitable doctrines, such as promissory estoppel, have discretionary remedies.
- Offer. An offer is the tentative promise that begins contractual negotiations. It is when one party to a contract initiates and indicates a desire to enter into a relationship with another party.
- Acceptance. When an offer is made, acceptance of the offer generally requires positive conduct meaning that the acceptance is deemed only to have occurred when the accepting party acts in some way or form that confirms acceptance.
- Consideration. Consideration as an element to a legally binding contract is without the same meaning as the word consideration in common language. While giving careful thought, being the common language meaning of the word consideration, is prudent in contractual negotiations, the word consideration as it applies to contract law means the existence of a value for value exchange between the parties to a contract.
- Intention, ad idem (meeting of the minds) The element of intention involves a genuine desire to establish legal relations. Where a reasonable bystander listening to negotiations would fail to perceive sincerity among one or more of the parties, formation of a contract has failed; and accordingly, the element of intention requires an objective rather than subjective review as was confirmed in, among others, the case of West End Tree Service Inc.
If a person signs a contract because the other person threatened them the contract may be unenforceable, depending on the circumstances and kind of threat that was made. Undue influence is when someone abuses their power over another person to convince them to do something against their will.
The Contra Proferentem rule in law states that where an ambiguity or contradiction exists within a contract, the court should apply the interpretation of the term that goes against the party that, figuratively, was who held the pen.
A contract does not exist until there has been a definite offer and an unqualified and unconditional acceptance of the offer communicated to the offerer. There is also a general rule, however, that a court should interpret a contract, if possible, so as to make it work.
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A contract is a legally recognized agreement made between two or more people (called the parties). If one party fails to do what they promised, the other can ask a court to enforce the contract. To be valid, a contract needs these three elements: agreement: the parties must agree or have a “meeting of the minds” on the terms
