| Home | Free Articles for Your Site | Submit an Article | Advertise | Link to Us | Search | Contact Us |
This site is an archive of old articles

    SEARCH ARTICLES


vertical line

Article Surfing Archive


You Need To Know: What Makes A Contract Legally Binding? - Articles Surfing

DISCLAIMER: The following is offered for your reference only and is not intended as legal advice. Contact your attorney before finalizing any contract.

A legal contract is a promise or set of promises that is enforceable under the law. In North America, the three most important aspects of a contract are offer, acceptance, and consideration.

'Offer' and 'acceptance' seem pretty straightforward (although it's trickier than you might think), but the term 'consideration' fools a lot of people.

'Consideration' is not required in most countries outside of common law systems (the United Kingdom, the US, Canada, Australia, New Zealand, and a few others). For a contract to have consideration there must be value given by both sides - either a promise or performance of a deed. If I promise to buy my son a boat for his graduation and I fail to do so, my promise is not enforceable because my son gave me nothing in return (this is known as a 'gratuitous promise'). On the other hand, if I promise to give him a boat if he mows my lawn, and then I refuse to transfer the boat even after he mows my lawn, this could be enforceable even if the value of the boat greatly exceeds the value his mow job. Courts are not concerned with the value of the consideration or whether it was a wise exchange, but only whether consideration exists at all.

There are several ways to have a contract declared void (treated as if it never existed at all) or voidable ' among others, lack of legal intention, lack of legal capacity (a minor, for example), lack of genuine consent (in case of fraud, etc.), and illegal object (a contract for a hit man, for example).

Please keep in mind that the foregoing is greatly simplified - contract law can get quite complex. Stay tuned for Parts 2,3,4...

Submitted by:

Bob Miles

The Contracts website offers information about all types of contracts, especially how to write a contract. Please bookmark "Contracts"!


        RELATED SITES



https://articlesurfing.org/legal2/you_need_to_know_what_makes_a_contract_legally_binding.html

Copyright © 1995 - 2024 Photius Coutsoukis (All Rights Reserved).

ARTICLE CATEGORIES

Aging
Arts and Crafts
Auto and Trucks
Automotive
Business
Business and Finance
Cancer Survival
Career
Classifieds
Computers and Internet
Computers and Technology
Cooking
Culture
Education
Education #2
Entertainment
Etiquette
Family
Finances
Food and Drink
Food and Drink B
Gadgets and Gizmos
Gardening
Health
Hobbies
Home Improvement
Home Management
Humor
Internet
Jobs
Kids and Teens
Learning Languages
Leadership
Legal
Legal B
Marketing
Marketing B
Medical Business
Medicines and Remedies
Music and Movies
Online Business
Opinions
Parenting
Parenting B
Pets
Pets and Animals
Poetry
Politics
Politics and Government
Real Estate
Recreation
Recreation and Sports
Science
Self Help
Self Improvement
Short Stories
Site Promotion
Society
Sports
Travel and Leisure
Travel Part B
Web Development
Wellness, Fitness and Diet
World Affairs
Writing
Writing B