Essential Elements of a Contract - Overview: what is a contract?

6 important questions on Essential Elements of a Contract - Overview: what is a contract?

What is a contract?

A contract is
  • A binding legal obligation between two or more parties
  • Enforceable in a court of law
  • Involve the principles of offer, acceptance, and consideration
  • Principles vary from one country to another
  • one party makes an offer and the other party accepts it
  • The offer and the acceptance have to match for the contract to be formalized

When becomes a tender a contract?

When the tender is accepted by the customer 'as is' and either:
  • The customer signs it
  • The customer places an order on the terms of the seller's offer

In what different ways is a contract established?

  • a contract may be established via a series of faxes,
  • an exchange of messages between computers,
  • an oral agreement during contact at a trade fair
  • through the actions of the parties as if a contract is in place as referred to as through performance.    
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What is the acceptance of a contract?

Acceptance is voluntarily agreeing to the terms of an offer and results in creation of a contract. Seller and buyer agree that they want a contract, but they do not agree as to what terms should govern.
--> known as the 'battle of the forms'.

Which agreement will rule in court in case of a dispute?

If a dispute arises when there has been a type of exchange and there is no clear agreement, courts will generally rule that the last form exchanged before performance is the governing contract.

Which terms and conditions are applicable with a contract?

The terms/conditions which are last communicated and accepted

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