Legal contracts are agreements between two people which establish legally binding, mutually responsible obligations. Certain elements are required to be in place before a contract can be legally binding, for example, the identification (names) of both parties involved, the intent of the contract, and an accurate description regarding the respective rights and obligations for each of the parties. Besides, what each party is offering (e.g., goods, money, and products or) to the goods or services and the duration of the contract (when it begins and ends) and the right to terminate (when it is appropriate and what conditions either or both parties can terminate the agreement before the date of its normal expiration) are also required. The liability of the parties in the event of a problem or there’s a dispute, signatures, or various other provisions is also a requirement.
Here are essential elements of a contract
According to ContractSafe.com every contract begins with the desire to fulfill an obligation. A person wants (desires) something and can satisfy (take responsibility for) the need. The term is “the deal,” this first essential aspect covers the duties and responsibilities of both parties and must demonstrate the exchange of worth. The value can be money, or it could be a desire-driven action or result.
Technically speaking, an offer does not become valid until it has been accepted by the person who is requesting it (the recipient). Once an offer has been accepted, it can be modified, revoked, or canceled at any point before the acceptance.
The party offering the offer is also able to make counter-offers. When a counter-offer has been made, the original offer will be canceled, and both parties are working on bargaining for a different result.
Acceptance signifies agreement with the specific conditions of the offer. If someone claims to accept an offer but accepts a different set of terms than the terms of the original offer, it will be regarded as an attempt to counter-offer, not an acceptance.
The acceptance should typically be made known to the person offering, and silence is not considered acceptable.
In certain circumstances (for instance, if the party offering the deal has been provided with the terms of the deal and continues in the transaction without formal notifying acceptance), the offeree’s silence could be considered an acceptance.
To make a contract legally binding, the parties must be aware that they have agreed. Sometimes, it is referred to as “a meeting of minds,” the parties to a contract have to participate in the contract. They must be aware of the existence of the contract and agree that the document’s obligations will bind them.
In reality, contracts may be canceled if the awareness of the parties is not established. For instance, in the case of a contract, if any of the parties have signed the contract under pressure or can prove that they were under the influence of fraud or misrepresentation, the contract could be declared invalid. Therefore, it is vital that all parties sign an agreement to prove clearly and definitively that the contract is valid mutual and that the parties are in agreement with its terms.
In essence, both parties must understand the terms of what they’re entering into.
Consideration is the principal benefit each party receives for executing the agreement (i.e., exchanging services for money). Most often, the term “consideration” refers to money; however, it could be a product or object or something else that is worth consideration. In reality, consideration could also be an entitlement, interest, or benefit.
In the case of a shared backyard, if the two of you have agreed to share use rights to one neighbor’s backyards, both you and your neighbor are providing an opportunity to each one another (i.e., having the option of using one another’s backyards). In this instance, the object of the transaction is a right exchanged in exchange for another right.
When considering consideration, consider that any consideration given before the offer (meaning the provision of services, money or anything else that was offered prior to a request is made) is generally not applicable when forming the basis of a contract.
Legality is a term that refers to the nature of the contract and also whether it is legally valid. It may appear unnecessary, but it hinders people from making contracts that contain illegal promises or even consideration.
In the states where gambling on the internet is not legal, such as Utah the state of Utah, a person will likely not be able to sign a contract to take on someone else’s gambling debts as a payment for a service.
Not all people can sign a contract; that’s the reasoning capacity is essential. Capacity is the term used to describe a person who has the legal capacity to sign the contract.
It may also require mental capacity, for example, to comprehend the content in the text (i.e., having a clear mind). This could include people who have cognitive impairments, those with disabilities, and others.
It doesn’t apply to those who don’t understand the contract for no valid reason. For instance, one cannot claim that they didn’t sign a contract just because they couldn’t comprehend the language used in the contract.
Capacity could also mean a person’s ineligibility due to other reasons, for example, age, bankruptcy declaration, or a current or previous involuntary confinement.
Contracts are essential business instruments. Therefore, establishing a valid contract is vital, and so is making sure that all the conditions are clearly defined. Each party is knowledgeable, skilled, and can enter into legally binding agreements. Looking over contracts with an eye on the six main elements listed above can help you ensure that the document you are drafting conforms to all legal requirements and is legally binding and actionable.