Contract Without Offer And Acceptance In New York
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In order that the acceptance can be treated as valid it is necessary that the same must be communicated to the offeror either by the offeree or by some duly authorised person on his behalf. If the communication is made by an unauthorised person, it does not result in a contract.
In order to create a valid and enforceable contract, there are certain requirements: Offer and Acceptance – one party must make a clear and definite offer, and the other party must accept that offer, clearly and definitely.
The seven essential elements of a contract are: Offer. Acceptance. Consideration. Legally competent parties. Meeting of the minds. Terms of the contract. Legality of purpose.
So, here's the rule, as recently summarized by a New York County trial court: "The requirements for formation of an enforceable contract are: (1) at least two parties with legal capacity to contract; (2) mutual assent to the terms of an agreement with reasonably certain terms; and, (3) consideration (i.e., payment).
A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities. 39 The above requirements will be discussed next.
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.
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 .
In New York, many people and business owners rely on verbal agreements for everyday or informal transactions. Verbal agreements can be legally binding, but for them to be considered binding agreements, certain specific circumstances and requirements must be met.