Case Of Mason V. R & G

1375 Words6 Pages
Contract One of the major contention points in this case of Mason v. R&G is the question, whether a contract exists at all between the parties. For a contract to be valid in the state of Georgia, four distinct elements must be present. The Code of Georgia, § 13-3-1, clearly states that in order to determine if a contract is valid, the following elements must generally exist; there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate. According to the Carl Vinson Institute of Government, University of Georgia, the expression "parties capable of contracting" has a very specific legal meaning. To have a contract, the minds of the parties must meet. For minds to meet, each party must understand what is taking place. The law has generally held that persons deemed mentally incompetent are incapable of meeting this standard, also included in this excluded group are minors under the age of eighteen. Both Mr. Paul Mason and Chardonnay Mason were over the age of eighteen at the time of the alleged contract, and both parties were mentally capable of entering into a contract. It is the determination of this court that this required element of the contract is satisfied. Another element of a valid contract is consideration moving to the contract. In order for a valid contract to exist, both parties must agree to some type of valuable obligation
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