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In order for the breach of contract lawsuit to succeed, you must prove that a contract existed between the two parties and that it was legally valid. You must also prove that the other party failed to fulfill its obligations and to follow the instructions specified in the contract.
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.
Elements of a Contract Offer - One of the parties made a promise to do or refrain from doing some specified action in the future. Consideration - Something of value was promised in exchange for the specified action or nonaction. ... Acceptance - The offer was accepted unambiguously.
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An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose. A contract cannot come into existence until an offer has been made by one party and accepted by another party.
To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.
Essentials of Contracts Generally. To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.
Below you will find a broad overview of the law of contracts in Georgia. A contract is an agreement between two or more parties for the doing or not doing of some specified thing. An ?executed contract? is one in which all the parties have performed all the obligations which they agreed to perform.