Make Sure You Know the Basic Principles of Law of Contract

What is the Law of Contract?

As is common with the majority of legal principles, the basic fundamentals of contract law will vary by jurisdictions throughout the United States. In all jurisdictions; however, a contract must require an offer, a subsequent acceptance or agreement to the stipulations within the contract, and consideration.

These characteristics are in essence, the foundation for a document to be regarded as a legally binding and valid contract.

Basic Principles of the Law of Contract:

The law of contract states that the first step required to form a valid contract is that an offer must be formally made by one of the parties to another. A common example to elucidate upon this principle is found in the sale of property; the purchaser, in this example, must make an offer to purchase the underlying property. This offer may include simplistic or complex terms, but it must be concrete and affirmed through written documentation.

Following the offer, the contract, as stated by the law of contract, must be accepted by the offered party. Using the sale of property as an example, the seller must affirmatively accept the offer; the original offer may be accepted in a written or spoken form.

If the offered party proposes a counteroffer, an acceptance is not realized. When a court determines whether or not an offer and acceptance was realized, the judicial body using the law of contract will look for a formal meeting or a concurrence of wills to decide if the requirements latent in the offer and acceptance statutes of the law of contract had been satisfied.

Lastly, the basic principles of the law of contract will require consideration to be given for the contract to maintain a legal or valid status. Consideration simply means that something of value was exchanged between the agreeing parties. In most instances, the consideration takes the form of money or an asset that holds considerable value.

In some scenarios; however, consideration can take the form of refraining from performing a function or doing something that the party is otherwise entitled to initiate. Regardless of the form, the consideration given must be sufficient, but does not need to be adequate to validate the stipulations latent in the contract.

Court Evaluations of a Contractual Agreement:

In addition to the basic principles of the law of contract, a court system, when evaluating the validity of a contractual agreement will evaluate the capacity of the party’s when the agreement was reached. The capacity to enter into a contract may be affected by numerous factors; for instance, minors do not possess the legal capacity to enter into a contract. In addition, a person’s mental state may also be considered when evaluating whether the person had the capacity or ability to enter into a valid contract.

Numerous courts will look to the legality of a contract when determining its validity. If a contract requires an individual to do something illegal, it will be deemed void on its face.

Find Out What Meeting of the Minds Means

One of the essential tenets of contract law is that in order for a legal and valid contract to be formed in the eyes of the courts, there must be a “meeting of the minds” between the parties forming the contract. The parties to the contract can be individuals, or a legal entity can be entered into a contract by an official in a position of power in the legal entity.

However, establishing the existence of a meeting of the minds is very difficult for the courts to determine. If there is any dispute about the terms of a contract before a meeting of the minds develops, the courts will show a preference to interpret the terms of the contract in a way which does the least harm or damage to all the parties involved.

A meeting of the minds may also be found to not exist if the contract fails a “reasonable man” test. The reasonable man test is that a normal person with the range of knowledge that a person of a similar background to the person disputing some or all of the terms of the contract, would have reasonably interpreted the contract in a particular manner. The reasonable man test can be influenced by the specific individuals who are involved in the contract at issue.

Contractor Explained

What is a Contractor?

A contractor is an individual or company who is responsible for the day-to-day operations and oversight of a construction site. In addition to these functions a contractor will also manage the transactions involved in the site, primarily trades and deals with vendors.

A contractor is also responsible for keeping touch with the general contractor and the involved parties involved throughout the course of the project.

Price Evaluation Process:

Before starting a construction project, a contractor must visit and assess the construction site. Upon evaluating the piece of property, the contractor will formulate a price, referred to as an estimate. The contractors will then evaluate the cost of all materials, equipment, as well as the cost of labor. After analyzing the expected cost of the project, the contractor will provide the owner of the building with an approximate price for the construction process.

Following the delivery of the expected price for the project, the contractor will draw up contracts. These contracts will elaborate on the budget and the conditions revolving around the plans and specifications of the project. The contractor will utilize a design professional, such as an architect, to better evaluate the necessities of the project. That being said, in the majority of construction sites, the contractor will also act as the project engineer or the project manager.

What is a Contractor Responsible for?

A contractor is responsible for providing the construction companies and the individual workers with all material, including labor, equipment and those services necessary for the construction of the project. In order to accomplish these tasks, the contractor will incorporate specialized subcontractors to perform specialized tasks or portions of the construction process.

The responsibilities of the contractor will vary depending on the size and complexity of the construction project. In general; however, a contractor will be responsible for providing or accomplishing the following tasks: filing for building permits, securing the property, managing the workers on site, providing temporary materials and utilities on site, providing engineering functions and surveying for the site, disposing of wastes left over by the construction process, monitoring the schedules of workers, balancing the costs of the project and maintain accurate records regarding the finances and the construction process as a whole.

Example of a Contractor’s work:

An owner of a building or a real estate developer will develop a program based on their needs and subsequently choose a site. An architect will then assemble a design team of engineers and other experts to design the building and pinpoint specifications needed for construction. During this phase, the contractor will frequently participate in the design efforts by providing services where they will aid in providing price estimations and information revolving around scheduling.

The owner, contractor and architect will then work closely together to meet the deadline and budget of the project. The contractor will work with subcontractors to ensure that all quality standards have been met, in addition to the budget and timeline.

Read This Before Entering Into A Quasi Contract

What is a Quasi Contract?

A quasi-contract is a fictional contract that was created by courts to promote equitable treatment. As a result of this definition, a quasi-contract is not an actual, legally-binding document, but instead a legal substitute for a contract that is formed to impose equity between two distinct parties.

The basic concept of a quasi-contract is that a contractual agreement should have been formed in situations where such an agreement was not realized. The quasi-contract is thus used when a court system feels as though it is appropriate to create an obligation to avoid an injustice and to promote equality between two parties.

In most cases, the actual existence of a real contract is required for a defendant to be held liable for services rendered; however, in many jurisdictions throughout the United States, under certain circumstances, a plaintiff may be entitled to seek restitution under a quasi-contract.

Basic Elements of a Quasi Contract:

The basic elements of a quasi-contract require three fundamental principles. The first element is that the plaintiff furnished valuable goods or required specific services to be rendered with a reasonable expectation of being compensated if the defendant breached or failed to meet these expectations. Secondly, the defendant must knowingly have accepted the aforementioned goods and obtained a direct benefit through this acceptance.

And lastly, the defendant must receive benefits by the goods or services that are regarded as unfair in situations where the plaintiff received no compensation.

In a standard, legally-binding contract, both parties agree to the stipulations of the deal and the surrounding subject matter, to affirm the agreement and to make the contract binding, the parties enter into an oral or written agreement prior to exchange of goods or services.

In a quasi-contract; however, one of the parties does not intend to enter the contract. Even though mutual assent is not achieved, the court can decide to create a contract to promote fairness between the two parties.

In most instances, a quasi-contract is created when disputes over payments of goods or services arise between two parties. When these situations arise, the remedy for a quasi-contract is typically limited to whatever is necessary to prevent the presence of unjust enrichment obtained by one of the parties.

This typically means, in regards to the creation of a quasi-contract, that damages are restricted to the cost of the plaintiff’s materials and labor. In these situations, profits are excluded on the grounds that it is unfair for a party who did not want to enter a contract to pay the profits to the other party.

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

Quick Blurb on Contract Laws

Contract law is the legal
specialty that addresses the creation and execution of contracts. The rules and
regulations established in contract law indicate that a contract is a legally
binding document. Therefore, once a contract is signed by all participating
parties, these individuals are legally obligated to adhere to the conditions
outlined in the contract.

Following the authorization of
the contract, a participating party cannot choose to alter the contract. The
terms and conditions of the contract can only be altered or modified if all
parties agree to the changes. In the event that this occurs, a new contract
will need to be created.

The new contract will detail any modifications made to
the original contract. However, if one participating party opposed the alteration
of the original contract, then the contract cannot be modified. The party who
wanted to alter the contract conditions will be required to adhere to the terms
of the original contract.

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.”

All You Need to Know About the Roman Law

What is Roman law?

Roman law was the formal legal system of ancient Rome; Roman law accounts for the legal developments that occurred before the seventh century AD. During this period, the Roman-Byzantine state adopted Greek as the official language for the governing bodies of the land.

The development of Roman law took more than a thousand years of jurisprudence, for it evolved from the Twelve Tables to the Corpus Juris Civilis, which was ordered by Justinian 1.

The Justinian Code, a formal Roman law that arose from the aforementioned jurisprudence, served as the basis for legal procedure throughout continental Europe, Ethiopia and the majority of former colonies of European nations.

Development of Roman law:

Before the Twelve Tables were formulated, private law in Rome was comprised of civil law and was applied only to Roman citizens. The earliest formation of Roman law was bonded to religion with distinct attributes related to formalism, conservatism and symbolism. This foundation of a legal field was predominantly governed by the ruling king; the majority of citizens lacked fixed rights under this framework.

The first formal text of Roman law was developed through the Law of the Twelve Tables. The Law of Twelve Tables was created in the middle of the fifth century BC; TerentiliusArsa, a plebian tribune, proposed that Roman law should be affirmed in writing, to prevent magistrates from applying arbitrary laws.

After years of political struggle, the plebian class convinced the patricians to form a delegation and meet in Athens, to affirm the laws of Solon through written documentation. In 451 BC, ten Roman citizens were chosen to record the laws; during this process, the men were given supreme political power—a transferring of power that ultimately restricted the authority of the magistrates.

In 450 BC, the decemviriproduced laws on ten tablets; however, these laws were regarded as a meager attempt by the plebians. A second decemvirate then added two additional tablets in 449 BC; this new law, the Law of the Twelve Tablets, was subsequently approved by the people’s assembly.

Early Roman law:

Following the creation of the 12 tablets, Roman law began to formulate itself into the ruling framework over the land. Many laws of the 12 tablets ultimately created a modernized society that effectively managed the behaviors of citizens through the institution of an affirmed legal code.

Early Roman law consisted of numerous laws that ultimately formed a balanced society; for instance, laws were created to allow the marriage between plebeians and patricians—a fundamental law that effectively agglomerated society through the destruction of social barriers. Another important statute of early Roman law is regarded as the root for modern tort law; LexAquilla, the name of the statute, provided compensation to the owners of property that was injured by another citizens’ fault or negligent actions.

Arguably the most important contribution that early Roman law possessed was not the enactment of statutes, but the emergence of a class of jurists and the creation of a legal science.

Government Files Lawsuit against Fluor Companies

On November 8, 2012, the Department of Justice announced that the United States government is intervening in a case against Fluor Corporation and its subsidiary, Fluor Hanford Inc, after the Texas-based companies used federal funds for lobbying activity. The lawsuit for violations of the False Claims Act was first filed by a whistleblower, Loydene Rambo.

According to the Justice Department, Fluor had a contract with the Department of Energy (DOE) for multiple services at the Hanford Nuclear Site in Washington State between 1999 and 2008. The facility is federally funded.

According to the original complaint, part of the DOE contract stated that Fluor could not use the federal funds for lobbying. The whistle blower’s complaint alleged that Fluor used the funds for lobbying from 2005 to 2008 anyway. The company hired two lobbying firms, Secure Horizons LLC and Congressional Strategies LLC, to lobby members of Congress and federal agencies.

The United States has agreed to intervene in the case against Fluor, but the government will not intervene in cases against Secure Horizons LLC and Congressional Strategies LLC. Since Ms. Rambo filed the lawsuit under the False Claims Act, she can share a percentage of the recovery with the United States government.

Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice, stated: “The taxpayer money Congress allocated for this program was for training federal emergency response personnel and first responders, not to lobby Congress and other for more funding. When public funds are misused, as alleged in this case, the Justice Department will work to restore them to the Treasury.”

The Civil Division of the Justice Department and the U.S. Attorney’s Office for the Eastern District of Washington are handling the case and receiving assistance from the Department of Energy Office of Inspector General.

Source: U.S. Department of Justice

Quick and Easy Contract Law Cases

Contract law cases can be classified under the general law of obligations. The general category of the Law of Obligations includes Torts Law, Unjust Enrichment Law, and Restitution Law, besides Contracts Law.

One of the most famous contract law cases is the case of Carlill v. Carbolic Smoke Ball Company. Although this case of contracts law is included in English contract law cases, the relevant principles of contracts law in the English system were adapted to the American courts.

Carlill v. Carbolic Smoke Ball Company is one of the most famous contract law cases since it involved a manufacturer who offered a flu remedy called a “carbolic smoke ball.” The makers of the smoke ball, the Carbolic Smoke Ball Company, advertised in a newspaper that buyers who developed the flu despite using the smoke ball properly would be given 100 Pounds as a refund.

The Company claimed that the advertisement was not a serious offer, but the judges in the case ruled that because there was a statement from the company that they had deposited money in an account so that they would be able to make the payments if there were any claims, a reasonable person had cause to believe that there was a sincere offer, thus meeting the requirement that there be an offer and acceptance to form a contract.

Contract Law

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