Elements Of Enforceable Agreement

A contract must have a legal purpose and have an object to be enforceable. An agreement between thieves to distribute the proceeds of a theft on a 50/50 basis is ignored by civil courts in the event of a dispute (while criminal courts may be interested in prosecuting their crimes). Of course, legality as a contractual element can be more complicated and less obvious than the above. For example, the employer and the worker may sign a document called a contract in which the worker agrees to waive the rights to the protection of the non-employment allowance granted by the Safety and Insurance Act (WSIA); However, since WSIA declares these agreements illegal, the contract or, at the very least, the contract waiver clause is cancelled. Another example is the Statute of Limitations, which prohibits parties from contractually amending the statute of limitations in which litigation can be initiated. The existence of a consideration distinguishes a contract from a gift. A gift is a voluntary and free transfer of ownership from one person to another, with no value promised in return. Failure to keep a promise to give a gift is not applicable in violation of the contract, as there is no consideration for the promise. 3. Acceptance – The offer was clearly accepted. Acceptance can be expressed through words, deeds or benefits, as stipulated in the treaty. As a general rule, acceptance must be in accordance with the terms of the offer. If this is not the case, acceptance is considered a rejection and a counter-offer.

A contract is not mandatory if all six elements – offer, acceptance, mutual consent, consideration, ability and legality – can be proven. Even if it can be said that a subjective consensus fails, consensus can be reached on an objective basis and the treaty thus created is applicable. Contract law protects legitimate expectations of a promise. Accordingly, a party may be bound by a contract, even if it does not intend to be bound if, because of its conduct and words, a reasonable person thinks that it accepts the conditions proposed by the other party.