What Are The Elements of a Valid Contract?
Contracts
A contract can be either written or spoken but it is usually easier to enforce a contract when it is all laid out in writing. Contracts tend to be agreements about such things as terms of employment, sales, or tenancy. Once a contract is executed in a valid manner, it is legally binding and intended to be enforceable by law.
For a written contract to be valid and binding the, it is typical that the following elements must be established in it:
– Offer
– Acceptance
– Consideration
– Mutuality of Obligation
– Competency and Capacity
– Written Instrument
Offer
An offer is a promise to act or to refrain from acting. It is made in exchange for a promise to do the same in return. An example of this is when someone needs their kitchen remodeled, a contractor (a licensed builder) that offers to do this for $10,000 is probably doing so on the condition that the homeowner is promising to pay this amount upon the contractor’s completion of the remodel. In the convex, if the owner offers to pay the contractor $10,000 to remodel their kitchen, it is likely on the condition that the contractor will be successful in doing this.
Acceptance
When someone accepts an offer it is an expression to an assent of its terms. The terms of acceptance and the manner in which the offeree is supposed to acknowledge that they are making an acceptance is generally specified in the offer. If the manner of acceptance is not specified in the offer then an acceptance may be made in a manner that is considered reasonable given the particular circumstances of an individual contract.
Consideration
When parties enter into a contract it is because each of them is bringing some sort of value to the other party or parties involved and this has thus enticed each of them to enter the agreement. In legal speak, this exchange of values is called a consideration. While currency is very often a part of this exchange of value it does not need to be monetary. It may consist of a promise to perform an act or offer a service. An example of this is if a mother promises to buy her daughter a sports car if she gets straight A’s on her next two report cards and the daughter does this, the law deems both the mother’s promise and the daughter’s forbearance lawful consideration.
Mutuality of Obligation
Mutuality of obligation is similar to the concept of consideration. Under this doctrine, the parties involved in a contract must have a mutual obligation to each other. If a contract does not have this, the law will treat it as if neither party is bound to perform.
Competence and Capacity
Unless a person who has legally agreed to a contract is a minor, mentally incapacitated or intoxicated, they may be held liable for the duties they have agreed to undertake.
Writing Requirement
Not all contracts need to be in writing to be legally binding and valid for all parties involved but there are certain types of contracts that must be in writing to be enforceable. Different states have different requirements for different types of contracts.
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