Definition of Contract
Definition of Contract
Definition
of Contract
- **Definition:** A contract is a legally
binding agreement between two or more
parties, creating rights and obligations that can
be enforced by law.
2. Offer and Acceptance:**
- **Offer:** An expression of willingness to
enter into a contract under specific terms.
- **Acceptance:** Agreement to the terms of
the offer.
- **Example:** Alice offers to sell her bicycle
to Bob for $100. Bob agrees to buy it for that
price. Alice's offer and Bob's acceptance create
a contract.
3. Communication:**
- **Communication:** The parties must
express their intentions to each other.
- **Example:** Sarah emails an offer to
purchase a laptop. John replies by email,
accepting the offer.
4. Revocation:**
- **Revocation:** Withdrawal of an offer
before acceptance.
- **Example:** Mike offers to sell his car to
Jenny for $5,000. Before Jenny accepts, Mike
changes his mind and informs her that the offer
is no longer valid.
5. Terms of Contract:**
- **Terms of Contract:** Specific conditions
and provisions agreed upon by the parties.
- **Example:** In a contract for services, the
terms may include the scope of work, payment
terms, and duration of the agreement.
6. Voidable and Void Contracts:**
- **Voidable Contract:** A valid contract that
can be voided by one party due to certain legal
issues.
- **Void Contract:** A contract that is not
legally binding from the beginning.
- **Example:** If a contract is entered into
under duress, it may be voidable. A contract to
perform an illegal activity is void.
7. Essentials of a Valid Contract:**
- **Agreement:** Mutual consent between
parties.
- **Competency:** Legal capacity to enter
into a contract.
Free Consent:** Agreement without
coercion, undue influence, or fraud.
- **Lawful Consideration:** Something of
value exchanged between parties.
- **Lawful Object:** The purpose of the
contract must be legal.
- **Example:** Carol agrees to sell her laptop
to Dave for $500, and Dave agrees to pay this
amount. This contract has the essential
elements.
8. Consideration:**
- **Consideration:** Something of value
exchanged between parties as part of the
agreement.
- **Example:** In a contract to mow the
lawn, the consideration for one party is the
payment, and for the other, it is the mowing
service.
9. Matters Affecting the Validity of a
Contract:**
- **Coercion:** Forcing someone to enter
into a contract against their will.
- **Undue Influence:** Taking unfair
advantage of another person's position of
power.
- **Fraud:** Deliberate deception to induce
someone to enter into a contract.
- **Misrepresentation:** Providing false
information that leads to a contract.
- **Mistake:** Error in understanding the
terms of the contract.
- **Example:** If Sarah threatens to harm
Tom unless he signs a contract, it involves
coercion.
10. Forbidden by Law:**
- **Forbidden by Law:** Contracts that
involve illegal activities.
- **Example:** A contract to sell illegal drugs
is forbidden by law and, therefore, not
enforceable.
Certainly! Let's continue with more definitions
and examples related to the law of contract:
**11. Wagering:**
- **Wagering:** Contracts related to
gambling and betting.
- **Example:** Betting on the outcome of a
football match may involve a wagering
contract.