Contract

contract

The legal area of contracts covers a vast array of legal documents. Contract law in essence covers the obligations that are established by agreements between private parties. These agreements can be implied or expressed. Transactions involved in the sale of goods is a section of contract law that affects the majority of Americans. Contract law also involves the arbitration process when disputing contracts.

Elements

There are many elements that need to be present to make a written contract legally binding. Under Contract law, if a contract does not contain these elements then it is possible it might not be enforced in court.

Contract law states that a contract must include an offer that has acceptance by a party. The two parties must have an agreement - mutual assent. The parties involved in the contract must be competent and must be identified in the contract. Another element is that the parties are intending the contract to be legally binding. They are aware that they are creating a legally binding contract.

Another key element of contract law is consideration. Consideration can be defined as a thing of value given by one party (the promissor) to another party (the promisee) in exchange for something of value - ie a payment.

Another important piece of a contract is for the subject matter involved in the agreement be described. When possible, the object should be name as specifically as possible. The contract should also outline the terms of the agreement with as much detail as possible.

And lastly, it is important that a contract be signed by the parties involved. In order to take any legal action if the contract is breached, it is important that it be signed.

Jurisdiction

Contract law is primarily governed by state regulations however, there are instances that contracts can be regulated by federal law. Such cases usually involve activities and business sectors that are already greatly regulated by federal law to begin with.

The transactions that involve sales of goods have become vastly regulated by nationwide standards. This is due from the common adoption of a federal regulation. Even with this code in place, there continues to be diversity in understanding of other types of contracts at the state level and therefore, different states have different regulations of some contracts. There is also a Federal Arbitration Act, which allows parties to arbitration procedures for breaches of contracts.

Breach of Contract

Breach of Contract

A breach of contract occurs when a binding agreement is not honored by at least one party of the contract. One party does not fulfill his or her contractual promise or has indicated to another party of the contract that he or she will not carry out the duty involved in the contract. A breach of contract can also be when one party seems to be unable to fulfill the contract. There are two main...

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Rights of Third Parties

Rights of Third Parties

A doctrine of contract law is that a contract cannot impose obligations on any other person except those who have entered into the contract. The premise is that only the parties in the contract should be able to claim damages or enforce their rights arising from breach of contract. This has been proven to be problematic as there can be implications arising from contracts that affect third...

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Setting Aside the Contract

Setting Aside the Contract

Setting aside the contract essentially means to void the contract. It is a legal term that means the court’s action to cancel, annul, or void the contract. The contract will be deemed voided, ineffective or unenforceable.  Voidness of a contract means that a contract never existed and it implies that either one or even both of the parties can declare a contract to be ineffective....

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