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A duty of good faith and fair dealing is implied in every contract. This duty requires the parties to cooperate with each other so that each may obtain the full benefit of performance. However, this duty does not require a party to accept a material change in the terms of [his] [her] [its] contract.
When a breach of contract takes place, this means one or more of the parties did not fulfill the terms of the contract. Contracts are covered under civil law. If a breach in contract occurs, a civil claim can be made, and the case will appear before a civil judge.
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 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.
A ?binding contract? is any agreement that's legally enforceable. That means if you sign a binding contract and don't fulfill your end of the bargain, the other party can take you to court. You might encounter binding contracts frequently, whether you're signing a rental lease agreement or just bought a car.
Whether an oral contract is enforceable in Washington depends upon the circumstances surrounding the terms of the agreement?most notably, whether the agreement falls under the provisions of the so-called ?Statute of Frauds,? requiring that certain types of contracts must always be in writing and signed by the parties ...
For a written agreement to be legally binding, it must contain an acceptance of the contract terms in the document. The most common way to accept is through a signature, although there are other ways. If all parties involved sign the written agreement, this demonstrates clear acceptance of the terms.
What you need to know about assurance contract. This type of contract involves pledging to contribute to an action if enough other people make the same pledge. So for example, a group may promise to help fund a scheme if a set funding target is reached, often by a specific date.