A contract is an agreement having a lawful object entered into willingly by two or more parties, each of whom intends to create one or more legal obligations between or among them -illustrate & explain in reference to the essentials of a valid contract
A contract is an agreement having a lawful object entered into willingly by two or more parties, each of whom intends to create one or more legal obligations between or among them. The basics of a contract are “offer” and “acceptance” by “competent persons” having legal capacities who exchange “consideration” to create “mutuality of obligation. Once a contract is signed by both parties, it is useful. If one party signs then the other party writes in some changes before signing, the first party must then point towards acceptance of the changed terms as is–e.g. by initialling them–at which point the contract is effective. Parties can enter into a legally binding contract verbally or in writing. However, state laws specify that certain contracts have to be in writing, such as real estate contact. Contracts take place in various aspects of society, including business, family, employment and real estate. General people often don’t understand that a contract must include specific elements to make the agreement enforceable in court.
Four basic elements necessary for the creation of a valid contract
A contract is an enforceable agreement between two or more persons or entities pursuant to which the parties take on necessary obligations. The huge majority of all business — both personal and commercial — is conducted pursuant to contracts, either verbal or written, and courts of law decide disputes between parties to contracts. The four basic elements necessary for arrangement of a valid contract are capacity, offer and acceptance, consideration and compliance with law and public policy. Also, implied in every contract is a duty to act in good belief and deal fairly with the other party.
Things require having a Binding Contract
A binding contract is a contract that is legally enforceable in a court of law. Written and verbal contracts may be considered binding as long as certain basics have been met. If one element is missing from the contract, it may result in a violation of contract and be unenforceable
(1)The offer is the projected deal. It defines all the requisites and conditions associated with the deal. In a rental agreement, the terms will contain what the monthly rent cost is, the duration of the contract and a description of the property being rented. The offer is open until it is countered acknowledged, rejected, retracted or expires.(2)Consent is the approval of all terms by both parties. Consent is considered a “meeting of the minds,” which means the parties are agreeing to the similar things in the same intellect. Consent is normally confirmed through the signing of the contract by both parties.(3)Consideration refers to All contract must have considerations. Consideration refers there must be an exchange of services, goods, things of value or something similar. This means that each party receives something for entering into the contract.(4) Competence refers ach party entering into the contract be required to be competent. This means to all parties must be 18 years of age or older and of sound mind while entering into a contract. Legal refers contract must stand for a legal business. For example, a person entering into a contract to purchase illegal drugs would have no ability to sue based on the contract because the consideration is illegal.
Family matter legally binding contract:
In a family there can be a family rules contract. A family rules contract is a written set of expectations that all the family members have the some right to their. The contract includes fundamental rules, consequences and privileges. The most important purpose of a family rules contract is for family member be held responsible for their behaviour while allowing parents to maintain a reasonable amount of control. A family rules contract will teach member of the family that there are consequences to breaking rules, the knowledge of which hopefully will transfer in the children’s and teen’s mind to school rules as well as the legal system. A family rules contract will not resolve the issues of feelings and emotions involved within the relationships between parents and teens, husband and wife.
It can only take action as a essential agreement that may allow you to work toward a resolution for problem behaviours, minimizing the interruption and interference that can many times take place during the process of getting bad behaviour under have power over and restructuring a family’s rules. In a family rule contract all the member of family may included. This includes husband and wife, teenage children, biological parents, step-parents, adoptive parents, custodial persons, no custodial persons who are responsible for the teens for all or part of a day and legal guardians. It is especially important for divorced parents to set their differences aside and come together for the purposes of creating a unified frontage for the family and child, so that one parent does not end up sabotaging another’s hard work to bring the child’s bad behaviour under manage. Children will manipulate and undermine parents who are at odds with each other, but will match much more readily to a unified front
Who should write the family rules contract?
A copy of the blank family rule contract should be given to every person who will finally be signing the contract, including the husband and wife, parents, children, teens and preteens, for them to fill out with rules and regulations, penalty and rewards they think are appropriate for the family rule Contract. Children’s or teens who feel that they are being heard by their parents and are allowed to take part in this process are far more likely to be compliant than those who are handed a set of policy and told “Do it or else. Concluding contract must be the results of negotiation and conciliation, taking everybody’s facts into consideration. If the full idea of a family rules contract threatens to break down where an agreement cannot be reached between two or more parties, mostly parents, the entire family should stoutly consider visiting a social worker or family therapist, even if it is for single visit, to obtain an objective third party to help split the log jam and create a family contract to everybody can live with. On the other hand, some items must not be negotiable, such as children demanding a curfew that is later than what the law in one’s area would allow for his or her particular age group. Family member should provide progressive consequences for refusal to follow rules and instructions. Regrettably, a number of parents, in an effort to “get harsh” on their disobedient children and teen, will go overboard and ground the child for weeks and month for a single incident. The rationale behind penalty should be primarily to offer an unlike able learning experience in order that the teen will learn to correct his own behaviour and not do again the offending action. For most of the teens and children, a punishment that consists of weeks of grounding on a first offense is too long and will cause additional offence rather than be a learning experience for the children and teens as well as the other members of the society who also do wrong or go against the rule.
Social matter legally binding contract
It describes a broad category of theories that try to explain the ways in which individuals maintain social order. The idea of the social contract implies that people quit some rights to a government or other authority in order to obtain or maintain social order. Or else, we would each have infinite natural freedoms, including the “right to all things” and therefore the freedom to harm all who terrorize our own self-protection; there would be a never-ending “war of all against all”. The social contract is very simple. It has only two necessary terms: (1) mutual defence of rights; and (2) mutual decision by deliberative meeting. There are no agents, no officials, which persist from one deliberative assembly to another. The duties of the social contract are militia. There may be traditions and customs that persist from assembly to assembly, such as customs for due notice, legislative procedure, judicial due process, and enforcement of court orders by militia. This second word could be called the constitution of society, but it precedes a constitution of government and should not be perplexed with it. There is also a constitution of nature that precedes both the constitution of society and the constitution of government. It is also suitable to speak of a constitution of the state that follows the constitution of society and precedes the constitution of government. It arises after a society is shaped (by adopting the social contract), and after it acquires restricted dominion over a well-defined province. That is when we find things like a right to remain at and to return to one’s origin, which makes no sense for a society with no territory (such as nomads).A justified contract should meet the full publicity condition: its total justification must be capable of being actually acknowledged by members of a well-ordered society. When a constitution prescribes the legal constitutional rights of individuals and the powers of government, the social contract also includes certain duties which members assume upon entry. Those duties include the responsibility to keep away from infringing on the rights of other members, to obey just laws, to comply with and help enforce just contracts, to serve on juries, and to protect the community.
The essence of the social contract
Generally, social contracts are informal and unwritten. There is historical precedent in the use of “articles of association”. Essentially, a social contract is simple. It can be reduced to: Individual sign mutually agree to mutually defend one another’s rights, and tie our heirs and successors to do the same.” If the society has a territory, so that it is a state, the statement could be reduced to:
We the [name] society hereby declare our dominion over the territory.
These could be elaborated upon, but they are sufficient for many purposes.
We will conclude that there can be a legal binding contract in family or social matter but it won’t be effective. In family there can be a contract which is made by law but if there is no common science and moral responsibility towards one another, it won’t work. Family and society is a place where people will abide by certain rules and regulations for their own benefit and to make their society and family a better place. Every country there is a law for citizen where each and everyone are subject to abide by those rules and regulations. And if they don’t they have to go through punishment. In a family and society is a place where every time something new problem wait all time and it is accomplished by the mutual help of the family members and society’s people. Development is an ongoing process from the beginning of the world and people have certain rules in every society or tribe which they followed and by the passes of time society were accustomed by that rules voluntarily and there was no need for legal binding contract. It is a natural process.
Family and society is a broader concept where a lot of things included morality, responsibility, honesty, love, affection which sometimes can’t be bind by some rules and regulations which are written in a contract.
Every one of us begins life under the terms of a special kind of social contract called a filialcontract, between a child and his parents, and by additional room to his siblings. This important contract is established at the moment of bonding between parents and child following birth, and the terms of the contract are that the child will give the parents certain pleasures that come with parenthood, mainly the contentment of helping to form a happy and excellent adult, and support for the parents in their old age, and in turn receives their love, support, guidance, and protection during childhood.
In a family or social matter there can be a legally binding contract but the relationship of an individual with family and society is little bit complicated, sometimes it is unwritten promise which individual carry out rest of his/her life without any legal binding contract.
––– (2004). The Stage Hunt and the Evolution of Social Structure. Cambridge: Cambridge University Press.
Ackerman, Bruce (1980). Social Justice in the Liberal State. New Haven, CT: Yale University Press (especially §66).
Contemporary Approaches to the Social Contract, Retrieved on Dec 20, 2011,from http://plato.stanford.edu/entries/contractarianism-contemporary/
The Relationship Economy, Retrived from http://www.relationship-economy.com/2009/07/is-a-social-contract-is-legally-binding-who-cares/
Wikipedia, The Free Encyclopedia, retrieved from http://en.wikipedia.org/wiki/Contract.