Home Agreement

Agreement

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. 

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. 

End User License Agreement

End User License Agreement

An end user license agreement, often referred simply as EULA for short, is a license that is included with most types of computer software. The end user license agreement essentially grants the end user, or buyer of the software, the right to use that particular software in a particular way. The end user license agreement is therefore a legally binding contract between the end user, or consumer, who will agree to specific terms of use and regulations imposed by the software company or producer, and the maker of that software. 
The contract will oftentimes be presented in paper form, though the common practice has been to introduce the end user license agreement in the software itself, which will appear the first time the software is loaded into a particular computer prompting the end user to read and agree to the terms of using the particular product. The end user license agreement is provided by the software companies themselves, which does not require the end user to have to procure any kind of document as a contingency.

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.

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 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. 

Important Details on Service Level Agreement

Important Details on Service Level Agreement

Contract Law Context for Service Level Agreements
 
 
A service level agreement (SLA) is a kind of contract which sets the understood and legally bearing conditions, or level, for a certain specific kind of commercially offered and accessed service.
 
 
As with other kinds of contracts also passed in the commercial and business world, a service level agreement will necessarily involve at least two entities signatory to the contract and thus subject to its provisions, thereby establishing a legal relationship, as could be further used, upon claimed instances of violation or illegal modification thereof, to furnish the grounds for a process of civil litigation transacted in the U.S. legal system. 
 
 
Identifying Service Level Agreements
 
 
A service level agreement must necessarily be identified in order for the correct application of U.S. contract law, in terms of those contracts passed which specifically designate one party to the document as being the customer and the other as being the entity furnishing a particular service to that customer. A third party contract, necessarily, is thus precluded from the language considered as applying to service level agreements. 
 
 
Subjects for Service Level Agreements
 
 
Some of the functions which might be covered under service level agreements can be expected to comprise categories such as:
 
 
    Priority
 
 
    Obligation
 
 
    Guarantee
 
 
    Warranty
 
 
Different Service Level Agreement Types
 
 
A service level agreement might potentially comprise customer-based, service-based, multi-level, corporate-level, customer-level, and service-level service level agreements, as legal measures commonly applicable in such cases. 

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. 

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.

Understanding the Terms of Acceptance

Understanding the Terms of Acceptance

If there is a history of contractual relations between the two parties and the offeree does not comment on a proffered contract, their silent acceptance may be inferred from past history. However, a series of contracts must exist for this standard to be applied.
The terms of acceptance, such as requiring that acceptance be faxed or mailed to the offeror, may be laid out in the text of the offer. These are acceptable restrictions that can be placed on conditions of acceptance and are not considered to place an unreasonable burden upon the offeree. The acceptance must be returned in such a way that meets or surpasses the level laid out by the offerror.
If the acceptance is sent through the postal system, it is considered to be in effect as soon as the postage on it has been paid, whether it is delivered to the offeror or not. This is the case because the acceptor fulfilled a reasonable attempt to convey their acceptance. In addition, forcing the acceptor to ensure that the postal service completed delivery of the acceptance is seen as placing an unfair burden on the acceptor. The one exception to this “mailbox rule” is in contracts which specify that the contract is conditional on receipt of acceptance.
The acceptance must be made in a timely manner. If the offer does not give a deadline by which the contract must be accepted, the courts have decreed that the acceptance must still be in a reasonable amount of time. It is impossible for acceptance to be delayed forever.