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Feb 6, 2012 · Published Online February 6, 2012. Last Edited October 30, 2020. A contract is a legally binding agreement between two or more persons for a particular purpose. It is an instrument for the economic exchange of goods and services. In Canada, contract law is administered both in common law and, in Quebec, civil law.
Nov 2, 2023 · An enforceable contract is a legally binding agreement between parties that can be upheld in a court of law. A contract is enforceable when it meets certain essential elements, such as mutual assent (agreement) and consideration. A contract isn’t enforceable when it lacks the required elements (e.g. mutual agreement), includes illegal ...
- An Offer. Mutual Assent: First and foremost, a valid contract must be formed based on mutual assent on the part of all parties to the agreement. Mutual assent is comprised of two components: an offer by one party (the offeror) and acceptance by another party (the offeree).
- An Acceptance. Acceptance, whereby the offeree agrees to the offeror's terms, is the second essential element of a valid contract, as it signifies the parties' mutual assent to agree to the agreement’s terms.
- Consideration. Consideration requires that both parties in a contract provide something valuable or limit their liberty. This mutual exchange binds each party, ensuring the enforceability of the agreement and distinguishing it from mere promises that are not enforceable.
- Legal Capacity. A contract will not be valid unless all parties involved have the capacity to understand the terms and consequences of the agreement because, as mentioned above, the formation of a contract relies on mutual assent, which an incapacitated party cannot reach.
Mar 7, 2023 · A legally binding document is characterized by three key elements that must be present for the contract to be enforceable: Firstly, it must have a clearly defined subject outlining the terms and conditions of the agreement. Secondly, the contract must include consideration, which refers to the motivating factor or benefit that each party will ...
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Consideration refers to the value exchanged between parties in a contractual agreement, and it serves to distinguish enforceable contracts from mere promises. In legal terms, consideration can be classified as either past consideration or future consideration, each playing a distinct role in determining the validity of a contract.
A contract must have a legal purpose and object to be enforceable. An agreement between thieves to split the proceeds of a robbery on a 50/50 basis will be ignored by the civil courts should a dispute arise (although the criminal courts may be interested in prosecuting their crimes).
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Jul 9, 2024 · An enforceable contract is a legally binding agreement between parties that includes an offer, acceptance, consideration, legal capacity, legal purpose, and mutual consent while it’s free of any considerable mistakes. Enforceable contracts can be used in the court of law in case a party fails to meet the contract requirements.
