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Quick Overview on the Credit Agreement

Quick Overview on the Credit Agreement

Definition of a Credit Agreement

As a commonly applicable feature and function of U.S. contract law, a credit agreement can be expected to comprise of the contract drawn up between a bank, or financial institution of comparable resources and functions, and another legal entity designated as the recipient of a financial loan from that institution. As such, credit agreements are allowed for under U.S. contract law, as well as the contract laws used in other legal jurisdictions, in order to allow for the availability of credit issued to individuals and organizations. 


Provisions of a Credit Agreement
As with other kinds of contracts also put into effect in a commercial or financial context, a credit agreement can be expected to establish the legally binding conditions which will govern the functions allowed for or prohibited between the two parties to the contract, as comprise in this case of the bank furnishing the loan and the individual or organization accepting that loan. Perhaps most importantly, the interest charged on the loan will generally be affixed through the provisions set forth in the credit agreement.
The composition of a credit agreement might further function toward specifying the point, if any, when the loan must be repaid in full to the lending bank and thus when the legal relationship between the bank and loan recipient will come to an end, though often this will not be found to apply. 

Potential Settings for Credit Agreements
Credit cards and mortgages are some of the financial instruments potentially subject to credit agreements. 

Understanding A Rental Agreement

Understanding A Rental Agreement

Legal Context for Rental Agreements
A rental agreement is often referred to as a “lease,” particularly in the frequently applicable case of the specific rental agreement being in relation to the provision of a real estate holding. A rental agreement can more generally be noted as taking effect in the general context of contract law, and as with contracts in general, may be expected to provide for setting conditions in relation to the legal relationship between the two parties to the rental agreement.
In the event of a contract taking the specific form of a rental agreement, those two entities concerned with and signatory to the legal document will often be a landlord and a tenant. 

Provisions to be Considered in Rental Agreements
A rental agreement can generally be expected to provide for such various issues inherent in a real estate contract as the person obliged to pay for tenancy and the individuals who will actually act as tenants, the date on which tenancy may be allowed to begin, the address and extent of the real estate subject to the rental agreement, and the financial payments to be payable to the landlord.
A rental agreement might also be granted to the real estate holding’s non-owner for a purpose other than residence, such as for parking transportation, storing property or others’ goods, transacting business, carrying out agricultural activities, or conducting the business required for a government agency or institution. 

Don’t Miss These Important Facts on Executive Agreement

Don't Miss These Important Facts on Executive Agreement

Legal Context for Executive Agreements
 
 
Despite the name, an executive agreement is not meaningfully an aspect of contract law, at least according to the terms and conditions through which this legal category is usually understood, but rather of Constitutional law. More specifically, the “executive agreement” concept in U.S. law pertains to such varied matters as the ability to exercise control over the foreign policy of the country; more specifically in terms of its relationship to other nations through treaties and other documents and mechanisms and to the separation of powers between the different branches of the Federal U.S. Government.
 
 
This last concept constitutes a primary consideration undertaken by the U.S. Constitution, and accordingly applicable to the theories and debates as continue to this day, over the application of the United States’ foundational and essential, yet broad and ambiguous, document. 
 
 
Application of Executive Agreements in U.S. Law
 
 
To further illuminate these points, it might be noted that an executive agreement is a treaty passed by the President of the United States with the government of another national jurisdiction and without the consent of the legislature of the United States. Presidents are said to have used the so-called “discretion” vested in their office when they make the determination of enacting an executive agreement and thus bypassing the necessity of relying upon the power of Congress. Moreover, an executive agreement could applicably be contrasted with a legislative-executive agreement. 

Rental Agreement vs. Lease Agreement

Rental Agreement vs. Lease AgreementWhen an individual is searching
for an apartment to rent, it is important that he/she understands the
difference between a rental and lease agreement. Understanding the way in which
an individual’s contract operates is a vital aspect of renting or leasing property.



Though the terms rental
agreement and lease agreement are frequently used interchangeably, it is
important to note the various differences that exist between these two types of
contracts. The type of contract that an individual enters into will determine
the responsibilities and the rights that he/she possesses while he/she is held
to this contract. 


In addition, these contracts range in regard to the
responsibilities and rights maintained by the landlord who is renting property
to a tenant.


A lease agreement is a type of contract that
regulates the relationship between tenants and landlords. A lease agreement
will last for a specified duration of time. In many instances, this period
lasts for one year, though this may vary substantially. While the contract is
active, both parties are required to adhere to all conditions detailed in the
contract. No alterations can be made to the contract while the contract is
active. Therefore, a landlord cannot choose to increase the cost of rent.


The conditions associated with rental
agreements are slightly different. For example, these contracts function as
month-to-month contracts. Every month, a tenant can choose to renew his/her
rental agreement or leave the property. In addition, once the month ends, alterations
can be made to the rental contract. Therefore, a landlord may decide to
increase the cost of rent at the end of every month.


Both rental and lease
agreements have beneficial and disadvantageous features.

Quick Overview of The Background of An Agreement

Quick Overview of The Background of An Agreement

An agreement is the second essential step in creating a contract. A formal contract is now recognized by the signing of a contract. In an informal contract, which is a contract when signatures are not exchanged, acceptance is demonstrated by the actions of the two parties. In a bilateral contract, agreement occurs when the two parties accept the obligations placed on them. When a unilateral contract is in effect, agreement occurs when the offeree completes the action requested by the offeror.
The “meeting of the minds” as a standard for recognizing agreement has fallen out of favor due to the recognition that a court cannot assume to know what is within the mind of any individual. As a result, the court cannot possibly interpret the intentions of any party to a contract at the time they enter into the contract.
There are three tests which the courts use to determine if an essential element of a contract is missing. The first standard that the courts have adopted is the “reasonable person test.” The reasonable person test is designed to guard against any agreement which would be detrimental to the person agreeing to the contract. 
When there are elements missing from a contract that is presented before the courts in dispute, the courts employs an “officious bystander test,” which states that terms can be added to a contract in the event that the terms would have been accepted by the parties if only they had been suggested during the negotiations. 
The “business efficacy rule” states that a rule can be implied in the event that it would be included by any reasonable businessman in an attempt to make their businesses run more efficiently. The business efficacy rule only allows the courts to add the simplest terms which would lead to increased efficacy.

Option Contracts Explained

Option Contracts Explained

Option contracts are contracts in which the offeror, or promisor, is limited in their ability to withdraw or rescind a contract. An option contract is an important element of a unilateral contract. Traditionally a unilateral contract is only formed when the action under consideration is completed. This is an issue because it provides no protection to an offeree who has completed the partial performance of the contracted action before the offeror withdraws the contract under discussion. 
An option contract transforms a unilateral contract into a bilateral one because it provides some guarantee to any party providing agreement to the contract that their actions will receive compensation. The compensation may begin immediately after the action is begun or may only come into effect once a significant portion of the work is completed. The party which has engaged an action leading to the partial performance of the contract may be able to claim detrimental reliance upon the belief that the offeror would provide payment.
For instance, Mike hired Steve to paint the walls and ceiling of his room for $100. Mike told Steve to leave after Steve had finished painting the four walls and was in the middle of painting the ceiling.
Under a traditional unilateral contract, Steve would not be entitled to any of the $100 because the money was provided as consideration for the completion of the task. Steve, however, could compel Mike through promissory estoppel to compensate him for the partial performance of the task. Steve undertook the actions under a detrimental reliance that Mike would allow him to complete to task.
Option contracts are usually found in real estate. Real estate option contracts exist primarily for the benefit of the buyer. The buyer in a real estate option contract is allowed time to secure financing, to arrange for a contractor to examine the land, and to investigate relevant zoning laws governing the property.
Real estate option contracts do not oblige the buyer to grant agreement to the seller’s offer. Agreement in real estate contracts can be withheld by a buyer looking to make money off the land. Real estate option contracts often have a short period of time before the terms laid out in the contract lapse.

Read These Requirements of an Offer

Read These Requirements of an Offer

In order to accurately understand the concept of agreement it is crucial to understand when a valid offer has been made. An offer is made when a party, known as the offeror, presents terms of a contract to another party. The party that receives the offer is known as the offeree. If the offeree accepts the offer, the two parties are considered to be in agreement. 
In contrast to offers are “invitations to treat.” Invitations to treat are not offers. Invitations to treat can happen in a number of ways. Some of the most common include the display of goods in a store window, an auction without reserve, the solicitation of competitive bids, or advertisements for goods.
Except in specific circumstances, an auction does not constitute a legally binding offer and agreement process. An auction can be held with or without reserve. An auction without reserve is the rarer of the two kinds. An action without reserve means that the item will automatically be sold to the highest bidder regardless of the price.
An auction with reserve, or reserve auction, is an auction in which the person putting the item up for auction has stated a price below which they are unwilling to part with the item or circumstances under which they “reserve” the right to not complete the exchange of goods.
Auctions present interesting situations when considering offers and agreements. In an auction without reserve, the person placing the goods up for auction is obligated to accept the final bid. Each bid during the auction represents a new offer. Each higher bid that the auctioneer accepts means that the offer represented by the previous bid is invalidated.
During a reserve auction this can create some complications. If the person placing the goods up for auction decides against accepting the highest bid, they are left without an alternative. Even if the person would rather accept the second highest bid represented, they are unable to do so because the higher bid caused the previous bid to become voidable.
Advertisements are not usually considered to be offers because they may oblige the person creating the advertisement to sell more goods than they possess. As a result, an agreement cannot be reached as the result of an individual responding to an advertisement. Advertisements are technically considered “invitations to treat.” However, there are circumstances in which an advertisement can constitute an offer. 
The Nineteenth Century case of Carlill v. Carbolic Smoke Ball Company in England involved a promise by Carbolic Smoke Ball Company to pay £100 to anyone who used their product but still developed influenza, which their product was claimed to prevent. As guarantee of their claim, the advertisement said that the company had deposited £1000 in an account to pay anyone who caught the flu. The advertisement was considered to be a unilateral contract. 
The agreement by Louisa Carlill was twofold. The first part of the agreement can be seen in her purchase of the smoke ball and the second element of agreement was her continued use of the ball. The English Court of Appeals ruled that the advertisement became a legally binding contract on several grounds.
The most relevant part of the ruling was that while an offer existed between the company and the entire world, a contract only existed with those individuals who had taken the actions to accept the terms of the offer. Acceptance in this case is interchangeable with agreement. This case also cemented the idea that conduct was sufficient to convey agreement with the terms of the advertisement’s offer.
Agreements to agree are not considered legally binding. These legal documents only reveal that the concerned parties are considering a future contract. In and of themselves, an agreement to agree does not mandate action on the part of either party. Agreements to agree arise when two parties are discussing an event involving future transactions which are still in progress.
A statement of future intent is not a legally binding contract. It only indicates an agreement by the two parties involved in the negotiation to attempt to form a future contract. An agreement to agree is not binding if the matter under discussion is still in dispute. An agreement to agree may be considered a contract, however, if the material terms of agreement are present. 
Agreements to agree can become legally binding agreements if they contain all the typical elements of a contract. If, however, an agreement to agree merely records the terms that have been discussed in preliminary negotiations or they can be given the full weight of a contract to which both parties have agreed. Agreements to agree are sometimes known as letters of intent. Whether the document is titled an agreement to agree or a letter of intent, the legal significance of the terms is equal.
In order for agreement to occur, the offeree must have an intention to enter into the contract. Intention can be interpreted by action or by verbal acceptance of the terms provided by the offeror. Intention also extends to the offeror. The offeror’s intentions are rarely subject to question. 
Intention to form a contract is one of the requirements to form a contract. Intention to be legally bound by a contract does not exist during the initial negotiation of a contract. Courts generally do not assign intention to either party by their interpretation of the parties’ statements of future intent or by agreements to agree.

How To Terminate An Offer

How To Terminate An Offer

There are several circumstances under which an agreement or an offer may be terminated. The first way to terminate an offer is to attempt to change the offer. Any attempt to change an offer is known as a counter-offer. A counter-offer is a termination of an offer by the offeree. If a counter-offer is presented and subsequently rejected, the execution of the original offer cannot be compelled by a court of law. Unless the counter-offer contains a provision specifically authorizing it, any previous offer becomes invalidated.
 
 
An offeror may terminate an offer if the offer contains a time period during which the offer must be accepted. If the offer does not contain a time period after which the offer becomes invalidated, then the courts commonly hold that the offer is invalid after a "reasonable" amount of time, but never specifically states what that time period is. In the event an offeror rescinds the period of time for which they had previously agreed to keep an offer open, the offeree can sue for breach of contract.
 
 
Contract negotiations are often lengthy processes. If during the negotiations one of the parties discovers that the information being discussed in the negotiations is substantively different than as presented during the negotiation process but fails to disclose this information, it may serve as grounds to invalidate the other party's agreement.

Termination by Law At A Glance

Termination by Law At A Glance

There are several ways in which an offer can be terminated. The first way to terminate an irrevocable offer is for the offerree to reject the offer, either by denying it or by presenting a counter-offer. The second way is for a period of time laid out in the original offer to expire. If the offer states that it must be accepted by a certain time, but it is not, then the offer to provide agreement to the contract is considered terminated.

An irrevocable offer, or any other offer for that matter, can also become unenforceable in several other circumstances. If the party which offered the contract dies or becomes legally barred from entering into a contract, for instance due to mental incompetence, it will be deemed unenforceable. A contract can become void if a law is passed that would cause the contract to be contrary to statute. 

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