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The Nature of a Contract To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.
Remember, every contract needs to have an offer, acceptance, consideration, capacity, and legality in order to be considered valid. If any of these elements are missing or unclear in the document then it may not hold up in court.
In order to have a valid contract the law requires that there be an offer made, an acceptance and consideration for the contract. In a real estate transaction, the offer is made by the Buyer when wanting to purchase the property at a set price.
B)the agreement contains a statement or memorandum of: i)hire purchase price and cash price of the goods ii)the amount and dates of payment of each instalment iii)a notice setting out the hirer's rights under the contract iv)a description of the goods sufficient to identify them.
The contract usually contains the following: names of buyer and seller, a complete description of the property (including address and legal description, purchase price, and agreed upon earnest money deposit or EMD), closing date or time frame for closing, proof of title insurance and the financial contingencies for ...
The Five Elements of a Contract Offer. Acceptance. Consideration. Capacity. Lawful Purpose.