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N319 FAQ
"understood and agreed that" is correct and usable in written English. You can use this phrase when you want to emphasize that both parties have a mutual understanding and agreement about something. For example: We have both understood and agreed that all team members will work towards meeting the deadline.
There are seven essential elements an agreement must have to be considered a valid contract. The elements of a contract include identification, offer, acceptance, consideration, meeting of the minds, competency and capacity, and contract legality. Preferably, the document will be in writing (electronic or on paper).
An agreement can be informal or it may be written; a contract may be verbal or written, but a contract will always be enforceable if it contains certain requirements. Modern contract management software takes an agreement and puts in the legal requirements that formally turn an agreement into a contract.
Fraudulent Misrepresentation and Contract Law If proven in court, the party who was tricked can: Cancel the contract. Get money to cover their losses. Make the deceptive party pay extra as a punishment (in some cases)
For a contract to be valid and recognized by the common law, it must include certain elements— offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.
In contract law, consideration is something of value that is exchanged between the parties to a contract. Consideration is essential for a contract to be valid and enforceable, which is why it's one of the key elements of a contract.
While in a novation, the new promise itself satisfies the preexisting claims, in an it is the performance of the new promise that satisfies the preexisting duty.
The key difference between contracts and agreements is that a contract is a form of agreement that is always legally enforceable. An agreement can be a contract, as long as it has all the elements of a contract that makes it enforceable.
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