ORAL CONTRACTS

There is an old joke that “an oral contract isn’t worth the paper it’s written on”. That’s a reference to the fact that it can be very difficult to prove that an oral contract exists. Absent proof of the terms Read More …

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FACTORS AFFECTING CONTRACTS

A contract supported by consideration, in which there is an intention to enter into legal effect where if is affected by a vitiating factor. A vitiating factor (or element)is one which tends to affect the validity of the contract. The Read More …

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CAPACITY TO CONTRACT

An essential ingredient of a valid contract is that the contracting parties must be ‗competent to contract‘. Every person is competent to contract who is of the age of majority and who is of sound mind, and is not qualified Read More …

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INVITATION TO TREAT/NEGOTIATE

Invitation to treat is a term of contract law to distinguish advertisements or merchandise displays from formal contract offers. It is an offer to receive an offer. Under UK law, the price tag on an item displayed in a shop Read More …

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ESSENTIAL ELEMENTS OF A VALID COMMERCIAL AGREEMENT

The essential elements of valid contract as follows: 1. Offer and acceptance- There must be a ‗lawful offer‘ and a ‗lawful acceptance‘ of the offer, thus resulting in an agreement. The adjective ‗lawful‘ implies that the offer and acceptance must Read More …

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KEY TERMS USED IN CONTRACTING

Offer: an unequivocal and clear manifestation by one party of its intention to contract with another. Unequivocal: clear, definite and without doubt Invitation to treat: This is a mere invitation by a party to another or others to make offers Read More …

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