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Legally Binding Contract

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Contracts are used in many situations such as business and individual situations. But not all contracts are binding, even if they were willingly agreed by both the offeree and offerer. The promise outlined in the contract has to be legal and voluntary for it to be affective by law. Whilst both parties must accept a just understanding for a contract to be valid. A contract is a chosen arrangement between two or more parties that is enforceable by law as a binding legal arrangement. Contracts are vital for the protection of consumer rights as it allows the consumer to have legal paperwork of documentation if there was a chance of misadventure. Consumers must be very wary about the importance of reading through their contract before accepting …show more content…

The main elements that make a contract include offer, Consideration and acceptance. There must be an agreement which needs someone to make the initial offer. Each party to the contracts must then give something that is of value away. Each of the contract must willingly intend to enter into a legally binding agreement. It is proposed that before you accept a contract, the terms and conditions must be read in conjunction with making the final acceptance. Contracts include terms and conditions which outline the rights and obligations of both sides to the contract. Make sure the consumer reads and knows the terms and conditions of a contract before you make the final acceptance. If you are unsure of a particular part of the contract you can seek legal advice for …show more content…

ASIC does not act for the consumer, they take action if the matter is in their areas of responsibility. ASIC is much more likely to take action if the problem is with the wider public interest. Ever since the unfair contract term in protecting consumers came into effect, ASIC has now been much more successful in negotiating the number of unfair terms and removing them from standard form consumer contracts. Some cases in relation to the consumer contract terms that were considered unfair were released by media as previous action by ASIC. Some example included the; Consumers can recover funds on finished travel money cards following ASIC action (25 August 2015) and the ASIC concerns see CBA release $2.2 million for 45,000 travel card customers (8th October 2014). These cases demonstrated that the need ASIC is an important institution in resolving disputes in regards to consumer contracts and terms being breached. In conclusion the importance of the legal system in protecting the rights of consumers is vital and essential. Although the importance of contracts in the protection of consumer rights cam be manipulative, there are business that will show hidden messages in the ‘terms and condition’ of the contract in which the consumer may not see which will resolve the consumer facing legal help to come

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