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Topic 18: Business Law - 53 B Legal requirements for contracts For a valid contract to exist, ve elements must exist: offer and acceptance, genuine assent, adequate consideration, capacity, and legality (1) Offer and acceptance One party must make a de nite, unquali ed offer, and the other party must accept this offer in total Three conditions must exist for there to be a valid offer: intent, communication, and de niteness Three conditions must exist for there to be a valid acceptance: bilateral contract or a unilateral contract, content, and communication (2) Genuineness of assent It is important that both parties are bound by their promises There are certain conditions that would cause a lack of assent so that no valid contract exists: (a) Misrepresentation (b) Duress, indicating a condition of coercion (c) Undue in uence, indicating a lack of assent by the offeree (d) A unilateral mistake, whereby one party knows or should realize that the other party is relying on a mistaken belief or incorrect information (e) A mutual mistake, indicating a contract that contains latent ambiguities and can be avoided by either the offeror or the offeree (f) A lack of mutuality exists in a situation in which a statement has been made that sounds like a promise but does not, in reality, bind the person making the statement to do anything (3) Adequate consideration Consideration is something that is bargained for and exchanged in a contract (4) Legal capacity The parties to an enforceable contract must be capable of entering into the contract in the eyes of the law There are certain parties who lack legal capacity (a) A minor lacks legal capacity (b) An insane person lacks legal capacity (c) An intoxicated person may lack legal capacity (5) Legality The terms of a contract cannot require any laws to be broken C Types of contracts (1) Nature of the promise (a) Bilateral contract The promise of one party is exchanged for the promise of the other party Both parties make promises that are legally enforceable (b) Unilateral contract The promise of one party is exchanged for the other party s performing some act or refraining from some act Only one party can be forced to comply with the contract For example, insurance contracts are unilateral Only the insurer is legally bound to do something The insured makes no promise to do anything Of course, if the insured does not pay the renewal premium, the policy is canceled (2) Legal validity and enforceability (a) Enforceable contract All conditions and elements are present and clear (b) Void contract A void contract has no legal standing because it lacks one or more of the requirements speci ed by law for a valid contract (c) Voidable contract A voidable contract is a legally enforceable contract, but one from which at least one of the parties can escape liability because of lack of capacity, lack of mutuality, duress, misrepresentation, undue in uence, or mistake. word upc-a UPC Barcode Font - Carolina Barcode
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