Traditional Principles Of Contract Formation

Contract theory - studies how economic actors can and do construct contractual arrangements, generally in the presence of asymmetric information

Mark is creating Nu2U.com, a Web site through which he will enter into contracts over the Internet. Important terms to include in his offers include

Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.

Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.

Since consumer transactions that take place on social media web sites often cross state lines, the Federal Government has developed and passed laws that can best control these transactions. There are many Federal regulations in place to provide consumers with protection when they participate in transactions via social media sites. These regulations range from taxation on goods, restrictions on state laws restricting interstate commerce, and protection of electronic fund transfers. These laws are growing in importance as more and more consumers choose to transact business via social media sites. A consumer should be aware of their rights and responsibilities before engaging in e-commerce. The E-Sign Act provides consumer and business protection by allowing contracts to be signed without paperwork by using the click-wrap agreement, and the Federal Trade Commission has several protections in place for purchases made online for more than $25. There are many different regulations put forth by the Federal government, but there are many ways a consumer can develop safe practices when engaging in internet transactions. This includes using reliable, reputable companies to purchase from, using secured browsers, understanding terms and conditions prior to purchase and finally keeping records of all transactions. Next I will examine

The contract is agreement between two parties they find they have some to exchange; the power and commitment between two parties enforcement by the court, The contract have many legal details to be discussed by lawyer or expert. The contract administration, focus on the requirement for the services the company have to get when they sign a contract for new service or to get new products. In field like software consultant it is very complicated and different detailed need to focus on contract to be discussed before to sign any paper. The orientation, communication form and conference can be helpful to create good and detailed contract, all this method help the offeror and offeree to

Objective to build legal relationship: Not all agreements end up in binding contracts that are backed by the court of law. This is due to the fact that not all agreements are made under strict or formal

A contract is an exchange of promises or a promise in exchange for performance, for breach of which the law gives a remedy, per Restatement 2nd of Contracts §1. For the contract to be valid there has to be mutual assent, parties mutually agree upon the same specific thing. Per Restatement 2nd of Contracts §54, there are two types of contracts: unilateral, where acceptance is by performance, and bilateral, where there is an exchange of mutual promises and both of the parties have the rights and duties.

Contract comes into existence when both parties (offeror and offeree) have agreed terms in negotiations. The contract becomes binding when there is an agreement from both sides. It is not effective until there is communication.

Since the software and Internet boom of the 1980’s, there has been the existence of click-on, (aka click-through, click-on license, or click-wrap agreement), End User License Agreements (EULA) and Terms of Service (TOS) contracts. These contracts require the user to give assent to “lease” the program or website by clicking on an” I agree” or “I disagree” button which either confirms that the user has read the EULA or TOS and is giving assent to those terms, or is rejecting those terms and therefore is making the decision not to use the product. They are found in every sort of medium from web-based programs like Facebook and Instagram to installed software such as Adobe and McAfee. The terms are usually implied warranties, limit

The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).

Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions

In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.

Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.

Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.