There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Except as otherwise permitted by paragraph (h) of this rule, service of all process shall be made by a sheriff, by his deputy, or by a special sheriff; by any other person duly authorized by law; by some person specially appointed by the court for that purpose; or in the case of service of process outside the ...
Determine the Venue of Your Case. You also need to decide where your case needs to be heard, i.e. the courthouse's geographic location. The proper venue could be the place (i.e., municipality or county) where a piece of land is located, or the place where one of the parties lives or has their business, for example.
A binding contract requires both an offer and acceptance of that offer. A party makes an offer by expressing a willingness or desire to enter into an agreement with the intent that, if the other party accepts the terms of the offer, then there is a binding contract.
7 Essential Elements of A Contract Offer. For there to be a contract, there must first be an offer by one party and an acceptance by the other. Acceptance. Acceptance is the agreement to the specific conditions of an offer. Consideration. Intention to create legal relations. Authority and capacity. Certainty.
Typically, in order to sue a company for damages in Massachusetts, you must first draft your civil lawsuit. Then, you must file your civil lawsuit in the proper venue. The appropriate venue is generally the district court in the county that you live in, but it may also be the court where your injury occurred.
Common bases for suing a company include breach of contract, negligence, product liability, employment discrimination, and fraud. Be sure to have all relevant documents and evidence to support your claim. Jurisdiction and Venue: Ensure that you file your lawsuit in the correct jurisdiction and venue.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.