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What are the conditions that much apply before a contract is considered valid?
Wiki User
∙ 12y ago
There are generally six requirements of a valid contract:
1. Agreement- which requires offer and acceptance.
2. Considerations- money.
3.Capacity to contract- Must not be minor, insane or intoxicated.
4.Genuineness of Assent- intention of both parties when contract was entered into.
5. Lawful purpose- must be for legal use in order to be a valid contract or enforceable contract.
6. Lawful Form- if the law requires it to be in writing it must be. Statue of Frauds requires that all real estate contracts with the exception of a residential lease lasting less then 3 years must be in writing.
Only after all these requirements have been met can a contract be deemed valid and legally enforceable.
A meeting of the minds is the most important aspect.
In some cases the court can infer contract terms if they determine that there was a contract. The two key items are the Who and What.
Who - The names of the parties.
What - The obligations of the parties. How much, when and what is the price.
Wiki User
∙ 12y ago
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You get contract advice from an attorney. Find one in your jurisdiction that knows the laws that will apply.
Where are you told to sign a contract?
when we try to apply for our jobs
Is it legal for your auto to be repossessied if the payment is less than 30 days late?
It all depends read your contract. It's legal if the loan is in default. Now you need to find out what constitutes a default in your signed contract. Things like lack of insurance and other conditions usually apply that most people are unaware of. Read your contract...
All of the following should be considered before enrolling in a 529 plan except which?
there is a limit on how many colleges you can apply to.
Which test would you apply to ascertain whether an agreement is contract?
A valid contract is legally enforceable and defined by law. A test that you would apply to ascertain whether an agreement is a contract would be looking at the benefits and duties between the parties of the agreement.
What actors and actresses appeared in Conditions Apply - 2010?
The cast of Conditions Apply - 2010 includes: Pranami Bora as Vaishu Srikanth Rai
What tests would you apply to ascertain an agreement is a contract?
To determine if an agreement is a legally binding contract, you would typically look for the presence of essential elements such as offer, acceptance, intention to create legal relations, consideration, legal capacity, and legality of purpose. You would also consider factors like mutual assent, clarity of terms, and whether there was any coercion, fraud, or mistake involved. It is advisable to consult legal experts for a thorough analysis.
What does term and conditions apply mean?
Thankfully the vast majority of consumers never have to get to grips with the meaning of the phrase "Terms and conditions apply" . The closest encounter is generally in radio adverts where this disclaimer is tacked on to the end of the advert in a very hurried voice. Often the phrase is trivialised by adding humorous comments or funny voices. The purpose of the disclaimer however is more serious and it puts the onus on the consumer to find out what these terms and conditions are. However for the consumer this is not all as bad as it might seem. Firstly the phrase "Terms and conditions apply" is a two edged sword since it is equally binding on the advertiser. They cannot rely on the terms of the contract if they are in breach of their contract obligations. Secondly, no matter what the terms and conditions say, the law implies certain conditions in consumer contracts. For instance it is implied in every consumer contract for the sale of goods that the goods will be of satisfactory quality and that they are fit for their normal purpose. Thirdly, there are certain terms and conditions which are designated in law as "unfair terms" and these terms are simply not enforceable. An unfair term is one that can cause a significant imbalance in the parties' rights and obligations, to the detriment of the consumer. An example of this is a term which gives the supplier of goods or services the right to unilaterally change the terms of the contract. Finally there is a rule of construction known as the " Contra Proferentem" rule sometimes used by the courts to resolve ambiguities in contracts. This rule interprets an ambiguity against the party who drafted the contract. Since consumers do not draft trade contracts, this means in effect that the ambiguity would generally be interpreted in favour of the consumer. So when you next hear the speeded-up voice telling you that "Terms and conditions apply" remember that if they are unfair terms they probably don't apply, and even if they are not unfair, the law is inclined to interpret them in favour of the consumer.
Can you return a used within 24 hours of purchase in florida?
Basically, no. You can check your contract to see if there's a provision in there that gives you this right, and you could consult an attorney to find out if there are any special conditions that apply to your specific circumstances, but in general, no.
How long does the liability for a supplier continue will s61 apply?
it will depend on the agreement of the contract.
