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.
Normally, definitions would be listed in the article 1 of a contract.
Offer: A clear proposal to make a deal. Acceptance: A definite agreement to the terms of the offer. Consideration: Something of value exchanged between the parties. Intention to Create Legal Relations: A mutual intention to form a legally binding agreement.
In Washington, the basic maxim is “An agreement is enforceable if its terms are reasonably certain.” The terms of a contract are “reasonably certain” if they provide the ability for determining a breach/default and for giving an appropriate remedy in case of breach/default.
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.
All contracts that transfer real property ownership must contain a legal description of the property.
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.
Definitions clauses, also known as contract definitions, are the defined terms in a legal document. Drafting definitions clauses mitigates the chance of misunderstanding interpretations among the parties. The defined terms section should be unambiguous and written in plain language.