Facebook
Home Contract Law

Contract Law

Easy Guide to Contract Law

Easy Guide to Contract Law

What is a Contract Law?
 
Contract Law is the legal field that undertakes the regulation, establishment, and oversight of legislation pertinent to contracts; contracts are defined as legally binding agreements whose expressed legality upon construction is required in order to substantiate the authenticity of the contract itself. A contract will typically include at least 2 entities who must agree to participate within the expressed stipulations and terms illustrated within the text of the contract. A legal contract will typically include 4 primary components:
An ‘Offer’ is the initial provision of the terms expressed within the contract
‘Acceptance’ is the agreement enacted by both parties with regard to participate in the contract
A ‘Counteroffer’ is an acknowledgement of the terms expressed within the contract – a counteroffer is not synonymous with the endorsement of a contact
The ‘Consideration’ is the identification of valued items that may be used as collateral in the event of a breached – or broken – contract
What is an Illegal Contract?
 
The precepts within Contract Law define an illegal contract as a contractual agreement deemed to be absent of the required satisfaction of legal statutes necessary for the contract to be viewed as legal. Within contract law, contracts may be deemed as illegal due for the following reasons:
The inclusion of a minor as a party to the endorsement or creation of a contract is considered to be illegal; as a result of their legal rights and liberties – in accordance with their respective age(s) – a minor is considered to be ineligible to endorse a contract
Contract Law states that the forced endorsement of a contract, which is defined as the participation in either the construction or signing of a contract under duress or threats imposed renders the contract to be illegal
Contract Law states that contracts or agreements including the implementation or involvement of products, services, or activities considered to be illegal within the jurisdiction in which the contract was constructed or endorsed is rendered as an illegal contract
Contract vs. Agreement
 
Although the definitions of the two terms tend to become blurred both through misuse, as well as varying terminology, the precepts of contract law express that a contract and an agreement are not synonymous. While a contract may include a variety of agreements within its content, the primary difference between a contract and an agreement lies in the fact that the failure of one – or both parties – to adhere to the terms expressed within an agreement will typically be unable to result in legal action or punitive recourse. Conversely, the violation of the terms of a contract – upon that substantiation of that contract’s legality – may be subject to legal action or punitive recourse.
Contract Law Trials and Hearings
With regard to the legal review of contracts, Contract Law will oftentimes integrate the statutes expressed within tort law; a tort is derived from the French word meaning ‘wrong’ with regard to a wrong suffered by or upon an individual in conjunction to the involvement of another individual or entity:
Upon review of a broken – or breached – contract, the precepts of contract Law implements the legal procedure in which individual responsibility and action is classified and weighed without the mention or facilitation of a binding and legal contract
The analysis of any or all respective liability and participation is evaluated through litigation, case review, and witness testimony with regard to a broken or breached contract

What You Must Know About Withholding Employee Wages

What You Must Know About Withholding Employee Wages

Employers are
legally allowed to withhold employee wages when state, local, or Federal law
requires them to do so. The Federal law of the United States actually requires
employers to withhold wages to satisfy payroll tax requirements administered
through the Internal Revenue Service.

The payroll
tax requirements are used to fund Federal income tax, Medicare tax, and Social
Security tax. If an employer did not withhold employee wages, there would be no
way to fund such programs or levies. In addition, if local law requires it, the
employer is also required to withhold wages for state taxation. 

As a result of the tax responsibilities, all
employers withhold a certain percentage of an employee’s wages. That being
said, employers are not allowed to withhold wages for any circumstance that is
not aligned with taxation or funding company programs or benefits. Withholding
wages without reason is illegal under United States employment law.

Oral Contract Vs Implied Contract?

Oral Contract Vs Implied Contract?

According to contract law, an oral contract is not considered an implied contract. An oral contract is an agreement that is agreed upon only by spoken communication. Although an oral contract originates from the mouth, it is common for a written contract to be created after the oral contract is stated.
In contract law, oral contracts are considered just as valid as written contracts. Some jurisdictions require that a contract be written up after an oral contract is made. Within this type of circumstance, the document must state that the original agreement was created verbally. 
An implied contract is an agreement that is not generally agreed upon. Instead, it is something that is more assumed to be followed. An example of this type of contract would be an employment contract where the employer does not specify hours but does specify the total amount of time required to be worked. 

Act for the Prevention of Frauds

Act for the Prevention of Frauds

The Act for the Prevention of
Frauds and Perjuries was an English law established in 1677 in order to prevent
perjuries in regards to legal contracts and agreements. It is from the Act for
the Prevention of Frauds and Perjuries that the Statute of Frauds was taken.

The Statute of Frauds is a
legal policy that requires certain contracts to be created in written form.
Unlike many agreements, these specified contracts are not legally binding
unless a written contract is created to regulate and govern these agreements.

Many agreements are covered
under the Statute of Frauds, including contracts related to marriages and real
estate transactions. This policy, which was initially detailed in the Act for
the Prevention of Frauds and Perjuries, continues to be used in many locations
today. In the United States, certain agreements cannot be considered legally
binding unless they are accompanied by a written contract.
 

Contract In Depth

Contract In Depth

A contract is a legal document which may be enforceable by legal action or by binding arbitration. In order for this to be true, however, the contract agreement must meet several important requirements. 
There must be a compensatory remedy for the contract under which the party which defaults is required to pay monetary compensation that would have otherwise been provided had the contract agreement been upheld, or an equitable remedy, which can also be called Specific Performance. The equitable remedy, or specific performance, compels an individual who enters into a contract agreement to carry out the action against which they have attempted to renege on their obligation. 
In order for a contract to be valid, the contract must involve unqualified, or “mirror”, acceptance. In order for a contract agreement to be valid, all parties must have the capacity to contract, and the terms of the contract cannot be trifling, indeterminate, or impossible. In the eyes of the law, a contract cannot be entered into to compel illegal action.
Although a contract is usually written in order to compel action, a contract agreement can also be created which will prevent a person from performing an act which they have the legal capacity to perform.
If a contract agreement is breached, legal remedies may be provided to address that breach.
Contract law, the legal field that specializes in the legal disposition of contracts and contract agreements, generally adheres to the Latin motto “pacta sunt servana,” meaning “pacts [agreements] must be kept.”

Important Facts About The Punishment For A Breach Of Contract

Important Facts About The Punishment For A Breach Of Contract

The punishment for breach of contract may vary based on the laws
in each jurisdiction, as well as the type of contract involved. For
example, a contract such as a lease which is breached can include financial
penalties and possible eviction of the tenant.

  

Leases that are involved in a breach of contract can include
penalties for both the landlord and the tenant. If the landlord breaches the
contract, the tenant may not be required to pay rent in certain circumstances
until the contract is being honored. For example, tenants may not have to pay
rent if there is no heat or air conditioning when the temperature reaches a
certain level because the landlord has breached the contract.

 

In contrast, tenants may be evicted if they are guilty of a breach
of contract and fail to pay the rent on time.


Definition of Designation

Definition of Designation

Designation is the term used to describe ownership one has over something. Designation is used commonly with wills and trusts. Designation of record is what the writer of the will or trust creates to submit to the court so that the court knows and understands who is in full control of the contract and the individual’s estates and assets after they have passed.
Designation of Record must be completed with the creator of the contract, the individual who will hold designation, and a lawyer. After the creator and the designator have settled on an agreement, the Designation of Record will then be signed off on and delivered to the court. Finally, the court will approve of the documents and the contract will be put into place. Generally, the contract will go into immediate effect at this point.

What You Didn’t Know About Contract Management

What You Didn't Know About Contract Management

What is Contract Management? 
Contract management, also referred to as contract administration, is the management of contracts that are created between customers, partners, vendors or employees. The field of contract management includes negotiating the terms and conditions present in these contractual agreements, while subsequently ensuring that these stipulations adhere to compliance issues designated by the underlying company or industry. 
In addition, contract management entails the documenting and agreeing on all changes that may come to light during the implementation and execution of such contractual agreements. 
Contract management can be best summarized as the formal process of efficiently managing the creation of a contract, along with expediting the execution and required analysis of the contract. The systematic approach of contract management is required to maximize the financial and operational capabilities and performance of the underlying parties. In addition, contract management is undertaken to mitigate the risk associated with a contractual agreement.
Contract management deals with contractual agreements that are made in a commercial setting; common forms of commercial contracts will include employment letters, purchase orders, sales invoices and utility contracts. The more complicated forms of commercial contracts will include contractual agreements regarding constructions projects, the exchange of goods or services that are regulated by a government authority or require the delivery of technical specifications, intellectual property agreements and issues revolving around international trade. 


Common Areas of Contract Management:
Contract management, in the most simplistic of forms, will expedite the drawing and execution of a business contract. A business-standard contract model, as carried-out by numerous organizations throughout the United States of America will typically review and systematically inspect the following areas of business disciplines:
Baseline management
Commitment management
Authoring and negotiating the business contract
Creating a visible contract that is easily understood by both parties
Growth Contracts for sales-side contractual obligations
A contract management team will expedite the creation and delivery of numerous types of contracts, including purchasing contracts, partnership agreements, trade agreements, intellectual property agreements and sales contracts. 
A purchasing contract is a legally-binding agreement between a company (the buying party) and a supplier who promises to sell products and/or services that meet the terms and conditions within the contract. The company, in return, is obligated to acknowledge the transfer of goods and services and to pay the seller for the offering.
A sales contract is a legally-binding agreement between a company (the seller) and a customer; in this contractual agreement, the company agrees to sell products or services to the customer. In return, the customer is obligated to pay for the products or services purchased.
A partnership agreement may take the form of a contract which formally establishes the terms of a partnership formation between two legal entities. A partnership agreement, in regards to contract management, may also merely reflect the desire of the parties to act is if both are forming a partnership with common goals.  

The Secret of Offer and Acceptance

The Secret of Offer and Acceptance

The underlying philosophical approach to contract law is pacta
sunt servanda. Pacta sunt servanda is a Latin phrase that
can be literally translated as “Pacts must be kept,” but is more commonly and
colloquially translated to mean “agreements are to be kept.” This phrase is the
essential theory behind contract law. However, pacta sunt servanda only
applies if the contract that is formed is a legally valid one.

One of the most essential
aspects used to determine if a contract is valid or not is if there is a
legally recognized offer and acceptance. The focus on offer and acceptance is
the traditional approach to analyzing whether an agreement is present between
the two parties who are in a contract dispute.

When measuring whether there is
a sufficient agreement between the two parties, there must be an offer and
acceptance. The offer is the terms that are presented to the “offeree” by the
“offeror”. In order for a contract to be formed, the offer must be accepted
unconditionally. 

If the initial “offeree” makes any changes to the terms
presented to them by the offeror, then there cannot be offer and acceptance at
that point, for the individuals have immediately swapped position. This new
offer, and acceptance of the new terms, may result in agreement, however. The
difference is largely technical, and only becomes an issue if there is a contractual
dispute between the parties.

What Are Contracts

What Are Contracts

What is a contract?
 
 
A contract agreement is a legally binding agreement that is reached between two parties under which the two parties to the contract agree to assume an obligation to each other and provide methods of remediation through the courts in the event there is a dispute about whether or not each party upheld their obligation. 
 
 
Contracts law cases 
 
 
Contracts law is one of the major sections of common law. Some of the most prominent contract law cases have been developed over the past several hundred years. The most prominent and influential of these contract law cases have been compiled to create the Restatement of Contracts.
 
 
Meeting of the minds
 
 
A meeting of the minds is one of the essential elements of forming a valid contract. Meeting of the minds means that both parties to the contract have agreed to the terms of the contract. It can be difficult for the courts to determine if a meeting of the minds has been conclusively established. 
 
 
Deed poll
 
 
A deed poll is a legal document that binds a single party to take an action. It is different from a contract in that while a contract expresses a promise, a deed poll only expresses an intention to act. A deed of poll is commonly used in England, Wales, the Republic of Ireland, Northern Ireland, Hong Kong, and Singapore. 
 
 
Contract templates
 
 
Contract templates can be used to form a general contract. A contract template may also be used to ensure that the terms of the contract are equitable to all parties involved. 
 
 
Offer and acceptance
 
 
The underlying concept behind contract law is pacta sunt servanda. Pacta sunt servanda is a Latin phrase which is translated as agreements are to be kept. However, this only applies to legally valid contracts. One of the main methods of determining when a contract is valid is by determining if offer and acceptance has taken place. In the eyes of the law, the offer and acceptance is only valid if there is not a change to the offer and acceptance is unequivocal. 
 
 
Consideration 
 
 
Consideration is the item of value that is exchanged in a contract. Contract law is not concerned about whether or not the consideration being exchanged is of equal value. All that matters is that the consideration cannot be inconsequential.
 
 
Contract termination
 
 
A contract termination letter template can be an important resource for a company since it can help to make sure that the contract termination letter is legally valid and does not violate any laws when the contract termination letter is served. The contract termination letter should provide the reason the contract is being terminated, as well as the legal justification for the contract termination. 
 
 
Boilerplate contract
 
 
A boilerplate contract, adhesion contract, or standard form contract are all synonymous terms for a contract in which the terms of the contract are drafted ahead of time. Part of the controversy behind a boilerplate contract or adhesion contract is that it may not be possible to access the terms of the contract before signing the contract, since it may be on a “take it or leave it” basis. 
 
 
Sample contracts 
 
 
Sample contract forms can help individuals form a boilerplate contract, although standard contracts may also be formed from contract forms for the sale of goods, to create employment contracts, or to create a standard contract that can be used with minimal customization and involvement of lawyers.
 
 
Uniform Commercial Code 
 
 
The Uniform Commercial Code, abbreviated as the UCC, is a legal document that is meant to serve as a guideline for states to align with their contract laws in order to facilitate commerce. In one form or another the Uniform Commercial Code has been adopted in all fifty states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. However, Louisiana has not adopted Article 2 of the UCC. 
 
 
Contract software
 
 
Contract software to create free contract templates can be found widely online. These free contract templates can be used for personal or commercial business. Contract software can be distinct products or may be add-ons to existing software. 
 
 
Contract vs. agreement
 
 
While a contract forms a binding relationship between two parties, an agreement involves a relationship that cannot be enforced by the courts. Contracts outline the obligations that are being assumed, although contracts outline the remedies if these obligations are not met. 
 
 
Restatement of Contracts
 
 
The Restatement of Contracts is a widely respected legal treatise. The Restatement of Contracts is compiled by the American Law Institute. 
 
 
Privity of contract 
 
 
Privity of contract is the concept that only the two parties that form business contracts can sue to collect benefits from the violation of a contract.
 
123...5Page 1 of 5
Disclaimer: There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Facebook
©

Attorneys, Get Listed

Free Coupon
X