A Contract Is A Violation Agreement Between Two Or More Persons / Parties

1518 Words May 16th, 2016 7 Pages
A contract is a lawful agreement between two or more persons/parties/people within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communication such intentions without vagueness, each to the other being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. (Gibson & Fraser, 2011)
To have a valid contract three elements are necessary: agreement, intention to create and consideration. Consideration may consist some right, interest, profit or benefit accruing to the party under taken by other promise is other is bought and the promise given value is enforceable.
In a valid contract wording of the agreement must be clear and not uncertain or vague.
Cases:
Cantor Vs Cantor
(Husband promise wife that he will give her “something”, “sometime”)

However, a proposal which express a person’s will to become a part of contract. (Gibson & Fraser, 2011)
Contracts should had written and have signed by the parties wherever if the contract is any important. But in this case Henrietta did not had any written contract. A contract can fail due to misrepresentation and when there no real consent by both the parties. There are different types of mistakes which can make whole transaction null.
Cases:
Ford & Anor v Forrest & Ors (2001)
(Both used a common form of communication and acceptance was done by creating contractual relations and the email was capable of having legal…
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