Essentials Of A Valid Contract In Business Law
Business is simply a legal activity, from which we get profit, loss, and satisfaction. So, the sentence tells us that business is a legal activity and it's true that without law business is a crime. For doing business or for making any kind of contract in the business, there are some legal requirements or rules you must know about.
1-Offer and Acceptance
For a valid contract, there should be a proper offer and proper acceptance (All the requirements of the law should be fulfilled).
2-Legal Obligation
The contract should be a legal obligation (Agreement, which fulfills the requirements of the law) but not a social obligation (Simply an agreement).
Furthermore right is claimable in a legal obligation.
3-Lawful Consideration
The consideration here means a watch, aim, objective between two parties. So, lawful consideration is known as, the products, aim, or objective between two parties that should be lawful or legal.
4-Capacity of Parties
The capacity of parties means the maturity, capability, thinking level, or mindset of parties.
For developing a valid contract both the parties should be capable, mature, sound-minded, or eligible.
No party should be disqualified (not capable of legal requirements or having a crime profile).
If one party is disqualified then the contract will be wind-up.
5-Free Consent
In a valid contract, there should be independence from both parties. The parties should be in the contract according to their will and wish.
Both the parties should be free internally and externally. No party should be forced to be in the contract.
According to Section 14 (1872), Party should be free consent from all grounds.
No external or internal force should be the reason of a party to be in the contract.
6-Lawful Object
In valid contract objects (Profit, Services, Loss, Products) between two parties should be lawful or legal.
7-Writing and Registration
It's simply the written agreement between two parties like Stamps and Signatures.
A valid contract always needs legal written proof or a partnership agreement. So, there should be legal writing and registration (Stamps, Signatures, etc) in a valid contract.
8-Certainty of Terms
There should not be any misconception or any confusion between two parties in a valid contract.
All the terms and conditions must be completed or cleared.
9-Possibility of Performance
The actions or jobs between two parties should be feasible, in a valid contract. There should always be a possibility of doing work, for both parties.
The contract between two parties or people should not be like an ant and an elephant. There should always be equal and possible work or job to do, for both parties.
10-Not Expressly Declare Void
We can not develop a contract with anyone, in which we stop a person from doing a legal activity.
For Example, We can not offer 50 million to a person for stopping his/her studies.
If you want to make a contract for your business then follow the above requirements. By following those essentials, you can make an effective and efficient contract with another party or person.
Also Check; Issues In Agriculture Sector Of Pakistan And Their Solutions
2 Comments
Interesting. I didn't know any of this.
ReplyDeleteMichelle
https://michellescrazybusylife.net
Thanks for reading. I'll be here with further new stuff, stay tuned.
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