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Essential Elements of Valid Contract

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Submitted By rishardh77
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Essential Elements for Valid Contracts
By: M.H.M.Rishardh
MBA, BBA (Hons), FCMI (UK), MCIM (UK), Member of AMA (USA). MSLIM, MIM (SL)
BCAS
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Learning Outcome:
On successful completion of this topic you must be able to

* Understand the essential elements of a valid contract in Business Context
Contracts that meet all legal requirements are valid and enforceable, which means that either party can hold the other party responsible for his or her agreement.
1. Offer and Acceptance
To have a valid contract, there must be a meeting of the minds (mutual assent), nominally evidenced by an offer and acceptance.
An offer is made by an offeror and expresses that person's willingness to enter into a particular agreement. The offeree is the person to whom the offer is made.
When the offer is accepted by the offeree, a contract is formed. Unless the offer specifies a particular period of time for acceptance, it is considered to be held open for acceptance for a reasonable time. A newspaper on online advertisement usually is not regarded as an offer but merely an invitation to negotiate.
If an offer states a time for acceptance but fails to indicate "time is of the essence," the courts could allow acceptance after the period for acceptance expires. If “time is of the essence” is stated in the offer, acceptance must generally occur within the period specified or the offer is canceled automatically.
If the offer fails to specify the form for acceptance (letter, telephone call, telegram or even performance), the offer may be accepted in any reasonable manner. Under the Statute of Frauds (below), offers and acceptances for real estate transactions must be in writing. Acceptance does not take place until the offeror is notified, which usually is by delivery of a signed accepted copy of the offer to the offeror. offer….acceptance – but not a contract yet

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