6 Contract Elements
1. provide. As long as you do not need to make a written offer in writing or verbal or written. This is a clear expression of the start of the contract or a public action. Just to give another person to return the promise of that person. It can not be vague or unclear. It must be stated in a concrete and definitive manner, such as the identity and nature of the object being provided and the conditions and / or conditions provided.
2. acceptance. As a general claim of the law, the other party accepts the other party's offer is to create the contract. As a general rule, this acceptance can not be revoked, nor can it change the terms of the offer, either change it, or modify it. Doing so makes it possible to accept countervailing. Although this proposition may vary from state to state, the general rule is that the law is not conditional. In fact, by accepting the condition, the transferee refused to accept the offer. However, the provider in his choice, by expressing the acceptance of anti-dumping acts or words, can be subject to the terms of the binding constraints.
3. consider. The consideration of the contract may be money, it may be another right, interest or interest, or it may be damage, loss or liability to others. Consider the absolute necessary elements of the contract. It should be noted that the parties to the contract must explicitly agree to consider, or the terms of the contract must be clearly implied. A separate potential or accidental benefit or damage will not be considered an effective consideration. The consideration must be clear enough to support the promise of making or not making, whatever it applies. However, it does not require any particular monetary value. As long as there is binding, the parties are committed to each other fully and effectively. This rule also applies to conditional commitments. As a further clarification, the general rule is that you have legally binding behavioral commitments that are not a full consideration of the contract. The court decided to apply.
4. The ability of both parties to the contract. The general presumption of law is that everyone has the ability to contract. A person trying to avoid a contract has to ask him or her to lack the ability to sign a contract with the party trying to execute the contract. For example, he must prove that he is a minor, is determined to be incapable or drunk or drugs and so on. Often this is the most difficult evidence burden to overcome their contractual capacity to overcome
5. The intent of both parties to the contract. The basic requirements for the formation of any contract, whether verbally or in writing, must be agreed or "agreed by the parties" of all proposed terms and essential elements of the contract. The court found that the contract could not be signed unless the parties had intended to enter into a contract. This intention is determined by the parties' external acts or actual words, not just their secret intentions or desires. Therefore, only negotiating an agreement or agreeing to a contract, even if the parties agree that some of the provisions of the negotiations are not considered to be proposed and accepted. The parties must intend to enter into a contract and can not be misled by the other party. That is why fraud or some errors can make the contract invalid.
6. Contract object. If the object is considered illegal or in violation of public policy, the contract can not be enforced. Contracts based on lottery, dog racing, horse racing or other forms of gambling in many jurisdictions will be treated as illegal contracts. However, in some states, these types of contracts are valid. The federal and state laws stipulate that contracts that restrict trade, pricing and monopoly are illegal. So the breach of these provisions of the contract is illegal, not enforceable. If it is considered a crime, it is applicable to drugs and prostitution or any other activity.