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Contract Law
Law covering the establishment, administration of contracts (legally enforceable agreements), the rights and obligations of those entering into contracts, the validity of contracts and disputes over contracts.
2,211 Questions
In turn key contract, the contractor is entrusted to design, construct, commission & handover the project to the employer. The employer will make the lump-sum payment to the contractor at the different stages of work as per the agreement. This type of contract is useful when the work has to be completed at a very short period. The whole risk is borne by the contractor.
What is meant by quasi contract?
No, a quasi-contract is not the same as an actual contract. A quasi-contract is an equitable doctrine that permits the recovery of compensation and can be used in court, but it is not an enforceable contract. An actual contract serves the same purpose, and it is enforceable.
Who Can not enter into the contract?
In most legal systems, the only persons generally barred from entering into contracts are:
- minors
- the insane
- bankrupts
But each jurisdiction has different laws on this subject.
What does its mean on a contract signature line?
"Its" means, literally, just that. As in you are "John Smith" signing on behalf of "John & Co" as Its President. The purpose of this is to indicate that you are signing only on behalf of the entity rather than as an individual, therefore protecting you from personal liability.
What is the legal time limit between arrest and arraignment?
There is no actual hourly time limit set by statute or court ruling that I am aware of. But, "without undue delay" seems to be the accepted standard.
Is all contracts legally enforceable?
Not all contracts are legally enforceable. For a contract to be enforceable, it typically must meet certain legal requirements, including mutual consent, consideration, legal capacity of the parties, and a lawful purpose. Additionally, some contracts may be deemed unenforceable due to factors like illegality, lack of proper form (e.g., not being in writing when required), or if one party was coerced or defrauded. Therefore, while many contracts are enforceable, various conditions can render them invalid.
What is a contract administartor?
Contract administration is to review the contract and perform proper vetting of its contents in order to fill the gaps.
A contract is defined in law as an agreement between two parties with an offer, acceptance, and consideration.
Can a contract or agreement be cancelled?
Way too vague. You need to tell us why the contract is bad. There are lots of ways to void a contract depending on a wide variety of circumstances. If you really want to have this question answered, elaborate and tell us why you think the contract is bad and also tell us how the contract was entered into and what the terms of the contract were. If you want an honest answer, tell us the truth. Don't tell us your side, tell us what might be a third person's understanding of the contract.
If you promised to do something based on a valid offer, acceptance, consideration and a meeting of the minds of the terms of the promise then it is binding as an enforceable contract. A party to the contract cannot cancel it later simply because it becomes economically "bad" or disadvantageous or if the party simply changes his mind.
A "bad" contract can be canceled for any number of reasons. There are two types of "bad" contracts that may be canceled. One is if the contract itself is invalid because it lacks the essential elements of a contract. This is where there is no consideration, a mutual misunderstanding of the terms, a misrepresentation by one party that causes the other to misunderstand the contract and other reasons that go to the nature of the contract itself.
Another is even if the contract has all the essential elements but is for an illegal action, is against the established public policy of the state or country or is an oral contract where the law requires a written one. However, even when the contract is oral instead of a required written one, you might not be able to cancel it if there has been part performance of the oral agreement.
Can you put a sim from a contract phone into a pay as you go phone?
Yes. It must be from the same carrier, though. For example, an AT&T sim only works in an AT&T pay-as-you-go, not a VirginMobil or Sprint.
May 1st is Law Day in the US What is meant by the phrase the rule of law?
Law Day is not a government holiday. To celebrate Law Day, some local bar associations hold a luncheon, featuring speakers who discuss topics such as justice or the liberties provided for by the United States Constitution.
- i like Mercedes at mt.baker middle school at auburn
Commodity brokers use forward and futures contracts for what reasons?
The seasonal nature of many commodities would lead to wide variation in supply and price without these contracts.
What the distinguishing factor between 'contract of service' and contract for service?
The distinguishing of contract of service and contract for service is importation different legal terms under different master.
contract of service
employee and employer both side need to contribution the MPF
employee subject to salary tax
entitle claim under "EO" benefits
employer subject liability for tort
under "EO" protection
claim the salary base the "EO"
contract for service
MPF contribution by (S)he
subject to profit tax
need to obtain "BR"
all gain / loss take by own
claim the receiable by court
What are essentials of valid contracts under the Indian Contract Act?
Essential features of a valid contract Contracts come in all shapes and sizes. Some are verbal, some are written. Some are formal, some informal. The use of the internet and electronic technology is also becoming increasingly common in the context of forming contractual relationships.
It is, therefore, important to understand the essential features which make a contract valid, binding, and enforceable. What is a contract? A contract is an agreement between two or more parties that is intended to be enforcable. A contract may be created: * Orally; * In writing (including by electronic means or through a website); * By inference or conduct; or * By a combination of all or any of the above. Essential elements?For a binding contract to be formed there must be: * An offer which is accepted and for which valid consideration is given; * An intention to create a legal relationship; and * Certainty of terms. Special rules and principles may apply to contracts that concern specific subject matter, such as employment contracts, the sale of land, and the sale of goods. The offer * Must be communicated. * Can be revoked at any time prior to acceptance. * Must be distinguished from an invitation to treat which is where a party communicates that it is prepared to enter negotiations with a view to forming a contract. The acceptance * The acceptance: * Must be communicated. * Must be of the offer made, otherwise it could be a ëcounter-offerí. * If posted, occurs on the date posted, if by phone, fax, or email, it occurs when received. Consideration * Must be ëvaluableí. Something must be supplied in return for the promise made by the offeror, eg money. * Must not be unlawful or gratuitous. * Must not be something already done or suffered (past consideration). Intention * The parties must intend to be bound by the contract. However, performance of the contract may be conditional on other matters occuring. Certainty * There must be certainty as to the parties, subject matter, and price. However, a contract that leaves terms to be determined by a third party will not be invalid for uncertainty. * Many contracts require parties to agree to standard terms and conditions. Make sure you read the fine print so that you understand what you are signing up to. Proving a contract It may be necessary at some point to prove the existence of the contract or explain or defend its actions before a court or some other forum. An oral contract may be difficult to prove, for example, if the parties to the contract disagree on its terms or whether it was ever formed. A paper trail is important to proving a written or electronic contract. Care should be taken not to destroy relevant written evidence of a contract. Enforceability Although a contract may have all of the essential elements, it may not be enforceable because of some other issue, such as: * Lack of capacity of one of the parties (eg one of the parties is a child). * Where a mistake is made about the nature of the contract. Relief may be granted under the Contractual Mistakes Act 1977 where the mistake results in a substantially unequal exchange of values. * Where there has been misrepresentation of a particular fact or facts inducing a person to enter into the contract. Under the common law and the Contractual Remedies Act 1979 there may be a right to cancel the contract and/or claim damages. * Where a contract is illegal or immoral or is effected by duress or undue influence of one party over another. * Where a contract unduly restrains a person in their trade. Remedies for breach Remedies for wrongful failure by a party to perform their obligations under a contract may include: * Damages; * Cancellation of contract; or * Specific performance. Damages Generally, damages will be awarded if the loss suffered: * Was caused by the breach; and * Is not too remote, ie the loss was reasonably forseeable. The amount recoverable is usually the amount necessary to put the party not in breach in the same position as if the contract had been performed. Cancellation In addition to damages, common law and the Contractual Remedies Act 1979 may allow a party to cancel or affirm a contract where the breach is due to a misrepresentation. Specific performance This is usually granted for breach of contracts for the sale of land or unique personal property. It is not usually granted if damages are considered an adequate remedy; if they are against or for an infant; or to enforce a contract for personal services. Statute of limitations The limitation period for all simple contracts is 6 years from the time the cause of action, eg breach, arises. Finally Never sign a contract unless you are sure you understand it. Generally, you will not be able to get out of it later. If there are any terms you are unsure about get legal advice.
Who determines whether a mental impairment compromised a persons ability to enter a contract?
A judge would make this determination, assuming of course this is argued as a reason why a contract should not be enforced.
What is the legal age to sign a rental lease?
18 in the state of Pa, but without legal guardian or co-signore the practice is considered Questionable by courts
How do you get out of a contract?
The short answer is that the terms of the contract, presuming it is a written agreement and not an oral one, will determine whether you are able to prematurely terminate the contract without further liability. Without actually seeing the contract, I would suggest: Pay specific attention to the provisions dealing with the "term," "termination" or "early termination." Depending on your contract, you may be required to pay the remaining obligation under the contract or an early termination penalty. If you believe the other party has not fulfilled their end of the contract, or you believe the other party is "in breach," you may have the right to terminate the contract by providing written notice to the other party. However, again, depending on what the contract says, the other party may have an opportunity to "cure" the defect or breach. I would suggest you consult an attorney to review the terms of your contract and advise you accordingly.
A contingent contract is a contract to do or not to do something if some event. Collateral to such contract, does or does not happen. Insurance contract provide the best example of contingent contracts.
Example:
A contracts to pay B Rs. 10,000 if B's house is burnt. This is a contingent contract.
A promises to B Rs. 1 crore if a certain ship does not return within a year.
Essential features of a contingent contract
Dependence on a future event: The performance of a contingent contract depends upon the happening or non-happening of some future event.
Collateral Event: The event must be collateral to the contract.
Uncertain Event: The event must be uncertain.
Note:
The performance of a contingent contract must depend upon the happening or non-happening of an event and not on the mere will of the promisor.
Rule about contingent contract
When the contract, based upon happening of future event:
For example : A promises to pay B Rs. 10,000 if A's ship coming from London reaches at Mumbai-port on or before 31stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31stMay,2011
Valid contract(Enforceable law)
Case 2: When the ship reaches at Mumbai port after the specified period i.e. 31stMay,2011
Void/ Unenforceable
Case 3: When the ship sinks
Void/Unenforceable
When the contract, based upon non-happening of future event:
For example : A promises to pay B Rs. 10,000 if A's ship coming from London doesn't reaches at Mumbai-port on or before 31stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31stMay,2011 i.e., specified period
Void
Case 2: When the ship reaches at Mumbai port after the specified period i.e. 31stMay,2011
Valid
Case 3: When the ship sinks
Valid
What is contractual capacity of an insane person?
an insane person has no contratual capacity once declared by a competent court. hid contractual transactions will be done by a guardian or anyone appointed by the court thereof.
How do you change a notarized document?
Go to a notary public. * Take the document(s) and required identification to a licensed Notary Public. All persons executing the document must be present at the time of legal attestation.
What is limitation of remedies clause?
A clause where the parties may agree to limit the amount and type of damages the nonbreaching party may seek if contract terms are violated
A strainger to consideration can sue but a stranger to contract cannot sue?
Stranger to consideration can sue but not stranger to contract.
According to sec 2(d) of Indian contract act,1872. Consideration definition says that "when at the desire of the promisor, promisee or any other person- has done or abstained from doing ,does or abstains from doing, promises to do or abstains from doing something".
According to this definition law only considers that in a contract consideration should be there,and it is immaterial who has supplied consideration. that is ,a stranger can also give consideration. so when promisee does not give consideration and if it is supplied by stranger, than promisee becomes stranger to consideration. so promisee though he does not give consideration he can sue promisor for enforcing the contract i.e enforcing promise given by promisor, because consideration is there and it is supplied by some third party.
According to Privity of contract it says stranger to contract cannot sue: because only parties to the contract can proceed against one another and not a third person.That is a third person cannot file a suit on a party to the contract for enforcement of promise.
Example: Dunlop Pnuematic vs Selfridge co.,case facts once refer.
Ex: suppose if x sells his property to y and in turn y promises x that he would pay off the debt of x which is due to z. In such a case, if y did not pay the debt money to z, then z cannot file suit on y because z is stranger to contract.
So stranger to consideration can sue but not a stranger to contract.
Does a contract have to be signed by both parties to be legal?
It is not necessary to have both signatures. It certainly helps if there is a legal issue. If the other party signed it, you will likely be able to hold them to it. Oral contracts can be valid as well. The difference would be dealing with real property (land).
Laws are proposed and passed by the LEGISLATIVE branch of government - they are enforced by the EXECUTIVE branch of government - decisions are rendered by the JUDICIAL branch of government. So..., yes, you would be presenting your case to a branch of government that had nothing to do with the enactment of the law. HOWEVER - - If you are talking about violating a "regulation" that was established by some government agency, then it may be possible to appeal that agency's finding to some other body.
What is legal age in Massachusetts to sign contracts?
The legal age to sign a contract in Massachusetts is the age of 18. In some places, with a co signer, it may be younger.
