Contract It Should Take 5 Issues Into Account Essay

1378 Words Apr 4th, 2016 null Page
Generally, when discuss a question about contract it should take 5 issues into account: Firstly, are the plaintiff and defendant in a contractual relationship? Secondly, can the plaintiff get damages for breach of contract? Thirdly, can the plaintiff “get out” of the contract? Fourthly, can the plaintiff end the contract? Finally, are there any alternative remedies available to the plaintiff? In this question, it will be examined one by one.
As it notes that a contract is an agreement (or set of promises) between two or more parties involving the creation of legal rights and obligations which will be enforced by the courts. It must be mutual agreement and a valid contract will be enforceable in a court of law. But how the parties can be seen as in the contractual relationship is an important question. The first step is to get agreement between the parties, then make sure there is intention to contract, and a consideration should take into account, therefore a contractual relationship is made up. Now let’s examine what are these requirements for a valid and enforceable contract below.

First, an agreement includes an offer and an acceptance. It means when one party makes an offer; the other party must accept that offer and then get an agreement. In the occasion that the offeree makes a counter-offer, the agreement can not be settled. Second, intention to contract in other words is the intention to create legal relations between the parties. The courts classifies…

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