Posted By admin on January 22, 2014
There are times we consider suing people because they did not hold up to the end of their deals? Sometimes you may find that you are the one who was sued on the same grounds. Technically, whether you are in business or not, you will realize that you will be dealing with agreeing on various contract types.
There are factors that determine the validity of your contract. How to make a contract legal and valid depends on a number of things. Contracts can be defined as agreements towards doing or not doing something. When you make a contract legal, it means that it will not only be credible in the eyes of the law, but it will also be legally binding and enforceable. Contracts are meant to outline agreements as a way of preventing disputes. Law suits in most of the times aren’t the best way to resolve disputes relating to contracts and thus the chances of losing a ruling towards your side are possible. This is because a judge or the jury will have to be the ones to make the decisions instead meaning that you have lost control over the issue being disputed. It is also known that not all contracts have to be put in a piece of paper.
There are those agreements which are enforced orally and still legally enforceable, for instance, in California. All in all, there are essentials within a contract that cannot be left out, and those are the two parties who are said as capable of contracting, the consent of the two parties, an object of the law as well as consideration. Without those named essentials, we cannot say that one has entered into an agreement that would later lead to the drawing of a binding contract. In order to understand how to make a contract legal and valid, we may be required to elaborate each of the above points separately.
Who are the parties?
This is anyone who is not regarded as a minor, a criminal or someone of unsound mind. Usually, the contract identifies the two parties in relation to their names and at some other times their addresses as well as their titles. For instance, in sales, the seller and buyer concepts are used to describe the essence of the parties.
What is consent?
For a contract to be legal, the contract must have had the parties freely communicate to each other. This means that in cases where there was an act of pressure or that one of the parties was under duress, the agreement is not legal nor is it binding. If you want to make the agreement legal; ensure that there is a freedom of choice towards the signing of the contract meaning that there isn’t any pressure. Another factor that dictates consent is where both parties aren’t coming to a mutual agreement. They both have to accept and thereof fulfill this concept, ‘meeting the minds, which is the dictating factor of a valid contract.
Object of Law and Consideration
When two parties agree, the results are that there was an object and or subject and thus this must be of legal nature. For example, there is no way any court will allow two parties to enter into dealing illegal drugs as this is an illegal act. Basically, all contracts are supposed to be considered. This means that it is the purpose of each party to gain something. Note that most contracts aren’t valid or proven legal until they have been put in writing. A properly written contract is considered as the best way to protecting against future disputes.