15 Avr What Is Contract in Legal Aspects of Business
As mentioned above, oral contracts may have the force of law, but some types of contracts must be in writing, such as long-term contracts and marriage contracts (before marriage). There is also a tacit contract. You can unknowingly enter into a contract with someone and be forced to abide by their terms. A written contract documents an agreement between two parties that requires both parties to perform. To enter into a contract, a party must make an offer to another party. If the second party accepts the offer, the two must exchange the consideration to make the contract legally binding. The legal effects resulting from the conclusion of a contract depend on the terms of the contract. A true law of treaties – that is, of enforceable promises – implies the development of a market economy. If the value of an obligation does not vary over time, the concepts of ownership and infringement are reasonable, and there will be no performance of an agreement if neither party has done so, as no error has been made with respect to ownership. In a market economy, on the other hand, a person may strive today to force himself to protect himself from a change in value tomorrow; The person who receives such an obligation feels aggrieved by the fact that it is not respected, to the extent that the market value deviates from the agreed price. If one of the parties violates the terms of an agreement, it is called a « breach ». If the non-offending party takes legal action, they can ask the court to « enforce » the contract. This may result in a court order ordering the infringing party to maintain its termination of the contract, or it may require payment of the breach if the damage is determinable, and may more easily enable the non-infringing party to obtain the benefit it has requested in the contract.
The contract must serve a legal purpose. It cannot be something illegal, such as the sale of drugs or prostitution. Remember that it is not illegal to enter into a contract that does not contain all these essential elements. This only means that if a significant one is missing, the contract cannot be performed by a court. The revival and development of contract law is part of the economic, political and intellectual renaissance of Western Europe. It was accompanied everywhere by a commercial revival and the rise of national authority. Both in England and on the continent, the usual agreements have proved unsuitable for emerging commercial and industrial companies. The informal agreement, which was so necessary for trade and commerce in market economies, was not legally enforceable. The economic life of England and the continent flowed even after the beginning of the development of a commercial economy within the legal framework of the formal contract and the half-executed transaction (i.e. a transaction that was already fully executed on one side).
Neither in continental Europe nor in England has it been easy to develop contract law. In the end, both legal systems managed to produce what was needed: a contractual doctrine by which ordinary trade agreements involving a future exchange of values could be made enforceable. Contract law is the product of a business civilization. It will not be found significantly in non-commercial companies. Most primitive societies have other means of enforcing the obligations of the individual; for example, by kinship or by the authority of religion. In a barter-based economy, most transactions strengthen themselves because the transaction is carried out at the same time on both sides. Problems can arise if the exchanged goods later turn out to be defective, but these problems are solved by property law – with its penalties for taking or spoiling someone else`s property – and not by contract law. Consideration must be reciprocal. Both parties must give something precious and receive something precious. When only one party receives value from an agreement, the agreement is generally defined as a gift rather than a binding contract. A contract can be a simple verbal or written agreement that does not need to be signed, attested or sealed.
It can also be a formal written agreement, attested, signed and sealed by the parties concerned. Traditionally, a contract was only considered legally enforceable if it was sealed. Now that the courts are recognizing tacit contracts and other types of informal contracts, the use of formal contracts under seal has decreased. With regard to contracts, there are four classifications, including: As is customary in law, the legal definition of « contract » is formalistic. The rewording says: Explanation of what constitutes a contract, the value of a written contract and other general information Both parties must be « in good faith » to understand the gravity of the situation and understand what is required. This definition requires that neither party be a minor, that both are sober (that they are not under the influence of drugs or alcohol at the time of signing the contract) and that neither party is mentally handicapped. If one of the parties is not competent, the contract is not valid and the incompetent party can cancel (ignore) the contract. Finally, a modern concern that has arisen in contract law is the increasing use of a special type of contract known as « membership contracts » or model contracts. This type of contract can be beneficial for some parties because the strong party is comfortable in one case and is able to impose the terms of the contract on a weaker party. Examples include mortgage contracts, leases, online purchase or registration contracts, etc. .