MedVision ad

The Six Elements to a Contract (1 Viewer)

JaredR

Save Sderot
Joined
Aug 15, 2004
Messages
1,092
Location
Hunters Hill
Gender
Male
HSC
2006
Call me blind or dumb, but I have two text books in front of me, and I see three elemnts only to a contract:

- Legally binding intention.
- Agreement.
- Consideration.

Would someone please care to enlighten me?

Thanks,
 

goan_crazy

Hates the waiting game...
Joined
Sep 28, 2004
Messages
6,225
Location
Sydney
Gender
Male
HSC
2005
Hey Jared hope those 3 elements are the basic 3 elements for a simple contract. There are really 6.
Essential Elements of a simple contract [With these present, an apparent contract is said to exist]
1. Intention to create legal relations 2. Agreement 3. Consideration
1. Intention – the parties must intend that their promises create legally enforceable obligations
2. Agreement – An offer by one party and an acceptance by another
3. Consideration – Something of value passing from one party to another in return for a promise to do something, unless the agreement is made under seal, in which case consideration is not necessary

Essential elements to be satisfied to determine validity: If the following elements are satisfied, then the apparent simple contract that was created above is valid.
4. Legal Capacity – the parties must be legally capable of entering into a contractual relationship
5. Consent – the contract must be a genuine expression of the intentions of the parties
6. Legality of objects– the objects or the purpose of the contract must be legal
7. Form – The form the contract needs to be in. E.g. any statutory requirements which must be satisfied
Legality of objects/form can go together
they are your 6 essential elements
 

JaredR

Save Sderot
Joined
Aug 15, 2004
Messages
1,092
Location
Hunters Hill
Gender
Male
HSC
2006
Thanks for the rapid response to my question. The information was great, and it is what had me stumped for a little while but back on track now...
 

goan_crazy

Hates the waiting game...
Joined
Sep 28, 2004
Messages
6,225
Location
Sydney
Gender
Male
HSC
2005
No problem Jarred :)
I did this again in business law and ethics at uni anyway last semester!
Glad it helped :)
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top