What makes a contract valid?According to the Business Dictionary, a contract is defined in part, as "Voluntary, deliberate, and legally enforceable (binding) agreement between two or more competent parties. A contractual relationship is evidenced by (1) an offer, (2) acceptance to the offer, and a valid (legal and valuable) consideration..." The valid part of the contract is especially important because, without validity, the contract is not enforceable.
As explained in the above video, the purpose of a contract is to ensure the completion of actions based on specific guidelines or stipulations for the parties involved. Incidentally, most people think that in order for a contract to be valid it has to be written, but that isn't always the case.
A valid contract does however need to contain certain elements. First of all, it needs to identify all the parties involved. Secondly, it needs a mutual consent between the parties. Typically, there is an offer and acceptance that takes place between the parties that is communicated in the contract.
Thirdly, a valid contract needs to have an object, which is the portion of the contract that is actually being agreed upon. For this part, it is best to be specific on dates, deadlines, payments, breach of contract requirements, and termination conditions.
The fourth element is the consideration factor. The consideration shows what each party will gain as a result of the agreement.
The next time you see a contract, make sure it includes all the above elements. If it doesn't, or if there is a portion that you question, you should probably contact a lawyer before you take any action.
About the author:
Abby Johnson is a Video Reporter/Anchor for SmallBusinessNewz.
Comments
Contract
Nice article, very informative - thank you
Bradford Web Design
Video Not Working?
Hey Abby,
Great article and I use a contract on all my projects. I picked up a template or two, combined the language and then had it reviewed by an attorney. That was the cheapest way to go rather than have him write it.
The video appears not to be working, I am interested in seeing it and will be back to check it out.
I tend to opt towards a
Contracts
Contracts are a vital aspect to a freelancer. I always draw one up, based on a template, and ensure it spells out exactly what was discussed and agreed upon. I sign it and alwayd make the recipient of my work sign it. This reduces any confusion in terms of what tasks should and should not be completed.
The Truth about Contracts
The work we did is clearly showed in the attached plans and specifications. Our engineer, whose had plenty of college, spent one hell of a lot of time when he drawed up these here plans and specifications, but nobody can think of everything.
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