Sample Essay on:
Essential Elements Of Contracts

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Essay / Research Paper Abstract

A 5 page paper that highlights the categories of contracts and discusses terms and references applicable laws in regards to those categories. Categories/clauses include: offer/acceptance and problem areas, special considerations, termination statements and problem areas, and signatures. Bibliography lists 3 sources.

Page Count:

5 pages (~225 words per page)

File: D0_Contrac2.doc

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Unformatted sample text from the term paper:

to consider in making a contract, therefore, include the offer, the assent, the financial consideration, and the time allowed for completion. Some of the most problematic areas in contract negotiation are related to nonperformance and non-payment. Therefore, it is important that these, and all areas of the contract, be given as much consideration as the subject of the agreement itself. Offer/Acceptance. The offer is the act of offering something for a return of products or services. "An offer is a communication that creates in the offeree the power to form a contract by accepting in an authorized manner." An offer includes any agreement where the words create an expectation in the mind of the offeree towards the promise made if he or she performs the act requested. "...Nothing further need be done by either party in order to form a contract." An offer is based on subjective and objective intent, and this is where some people get into problems in contracts, because the subjective part of the contract is not expressly stated, but is implied. Therefore, the contract should explicitly state what product/service will be provided by the mutual parties. Protection is provided by putting the "certainty of terms" in writing and with both parties (at least) signatories._ "To have an enforceable contract, the parties must manifest their assent to a bargain that is sufficiently definite and certain to permit a court to fashion an appropriate remedy for breach." Consideration. Consideration includes not only monetary remuneration and the precise description of the product/service, but special considerations such as copyright ownership, non-employee clauses (if applicable) and clarification of the relationship between the parties ...

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