Question
Issue 1: Is Bob liable of enforcing contract on Alan? An agreement that takes place between the private parties creates mutual obligations to be enforced
Issue 1: Is Bob liable of enforcing contract on Alan?
An agreement that takes place between the private parties creates mutual obligations to be enforced by law. Breaking down of an agreement is usually done in two parts offer as well as acceptance and it includes a meeting of the minds between the parties.
Determination of whether there is a consensus or not is done objectively which means that if it will appear to any person who's reasonable that an agreement has been reached by parties that are sufficient, even if any one of the party might be operating secretly or in any misunderstanding crossing their fingers behind back and subjectively not intending for making an offer that is contractual. The basic elements that are needed for legal enforcement of an agreement are mutual acceptance, expression through valid acceptance as well as offer, proper consideration, legality as well as capacity. Consideration needs to be provided by both parties, which means there cannot be any enforcement until and unless there is something provided in return or has been promised. The parties must also have the intention of creating legal relations since there can be no contract without any mutual intention of being bound by the terms as well as conditions. All the conditions that are significant, must be agreed upon by both parties, for a contract to be binding (Ben-Shahar & Porat, 2019).
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