To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.
The contract documents will usually include the conditions of contract, the employer's requirements, the contractor's proposals, the specification and the contract sum analysis or bills of quantities. Speed up all aspects of your legal work with tools that help you to work faster and smarter.
The Construction Contract Act (CCA) serves as a critical legal framework that governs construction contracts and relationships between project owners and contractors. By promoting fairness, transparency, and dispute resolution efficiency, the CCA contributes to the smooth execution of construction projects.
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Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).