Fundmentals of a Valid Contract

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Date Submitted: 12/05/2010 11:20 AM

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Stephanie Garrett

AIU

There are several fundamentals of a contract to make it legal. They are proposal and acceptance, consideration, consent, and object. The first element is proposal and acceptance. This is important because it deals with one party building propose and the other contributor accepts the stipulations and surroundings of the proposal. Anyone can enter into a contract. For the most part the contract must have who the parties are like names and addresses of both parties(Steinberger, 2007). The second factor of a legitimate deal is consent. To have a suitable deal it needs approval from both people in which it must be without charge and communal to each other. Consent is not free if it is done illegally, or by unnecessary pressure or by mistake(Steinberger, 2007). Consent means that both parties must agree on the same thing. The third factor of a legitimate contract is the object. The object is what is self agreed upon or the subject that is being presented. The object or subject must be specific, legitimate and probable. For example, if a drug dealer has a deal go wrong and doesn’t get his money he can’t go get help from the courts for getting his money returned to him. Finally the last factor of an applicable agreement is the consideration. A consideration is required on any contract that is valid. This means that each party will gain something out of the agreement. Basically if I do something for you and you haven’t promised me anything I can’t sue you for not doing it(Steinberger, 2007).

The tangible assumption of a deal is a principle in U.S. law that the persistence of an agreement is unwavering by the legal meaning of the external acts of a contributor to a made-up agreement, rather than by the exact goal of the parties (Lehman & Phelps, 2010). The objective hypothesis arrangement applies to this case for the reason that, it was said that the commercial was or did not symbolize an offer and the court stated that no rational person...