Legal Reference Concepts of Contracts - Coursework Example

Legal Reference Concepts of Contracts Number This paper will examine biblical worldview of contracts. It will be argued that contractual agreements can be Godly or otherwise. First, biblical worldview will be defined and related to the formalizing and performance of contracts. Throughout the analysis, the paper will examine some of the biblical teachings on contracts between human beings or organizations in the current world. The paper will also explore the differences between the repercussions of contracts that were formed and regulated by biblical teachings and those that were formed without seeking biblical guidance. Introduction Biblical worldview refers to human perception of the events in the world from the lens of the inerrant, perfect God. Through the perception, human beings define reality and human relationships as influenced by biblical morals and teachings. For example, biblical worldview regards natural, flawless life and the moral human activities as the work of God. In light of these arguments, all contractual successes are attributed to God while any failures are regarded as the work of evil. Sometimes failures within the context of the biblical worldview are regarded as lessons which if taken positively will avoid bad consequences of one’s actions in future. Modern Contracts Contracts are very common and form an important part of modern law. A contract is an agreement between two or more parties, giving each side clear obligations to perform towards its success. For proper apportioning of obligations, a contract must meet all of the primary conditions such as: the parties being competent; seeking or giving out a subject matter; a legal consideration by the offeree; mutuality of agreement and of obligation (Huffman, 2012). The most important condition to the formation of a contract is consideration, which generally involves money changing hands. A definite value of the subject matter or compensation is normally an imperative element of a valid contract, and in cases where the value is not fixed, the contract must provide a clear procedure for determining the price. So it is a common principle that the contract will lack the enforcement power when the price is not specified and the strategy of arriving at the value is also lacking (Jindo, 2011). Regardless, there are clear reservations in applying the doctrine. The contemporary contract normally involves money. In biblical worldview, a contract does not necessarily involve money. Biblical scriptures say even if all the worldly elements of a contract have been met, the parties will still face problems with performing their duties if God’s help was not sought. In light of this view, money is just like one of the many conditions to a contract. In general, believers should only enter into contracts with their fellow believers otherwise dealing with nonbelievers requires a higher level of responsibility and caution in order to keep the integrity of the former’s faith. In 2 Corinthians 6:14-17, the Bible warns believers from burdening themselves with disbelievers because such a relationship mixes morality with amorality and grace with darkness (Langan, 1995; Smith, 2014). By associating with disbelievers, a believer forfeits God’s intervention in the contract for purposes of making the contract work. As Jindo (2011) noted, that is how contracts with disbelievers turn out to be in the current world; it is spiritually unconscionable based on the biblical worldview. When an individual contracts with the perceived evil parties and the resulting relationship brings the two parties into bondage contrary to the Lord’s aspirations, it is apparent that the covenant will not be inspired by Him. This implies that the Lord must always be the leader in everything human beings participate in including contracting (Huffman, 2012). According to Acts 17:28, involving the Lord in every human activity is the most important of all conditions to a contract (Smith, 2014). Pecuniary Contracts Contrary to the general perception, the biblical worldview does necessarily view contracts involving money as driven by money per se, rather through Lord’s guidance some activities can just be carried out without entering into formal contracts (DeMar, 2007). By teaching believers not to enter into contracts with secular parties the biblical worldview seeks to bring about the Lord’s authority to provide for human needs. This implies that believers should continue their interaction with unbelievers but ensure that the whole interaction process, which in this case is signing a contract, is done based on biblical teachings. Entering into an agreement based on the worldly terms of unbelievers would book the faithful a place in bondage. The second alternative, which is entering into a contract on biblical terms, is better as it would bring the Lord’s blessing in its performance (DeMar, 2007). However, bringing unbelievers into a contract guided by the Lord might compromise the whole relationship and make it look unconscionable contract to the disbelievers. As Finseth (2013) noted, when somebody forms a contract with his sibling, the parties will have no burden to fend off, because one party will, in most cases, present the offer and the other will be willing to consider and accept it without suggesting a counter-offer. Even though such contracts are common, in some situations offerors try to coerce their offerees into agreement without their consent. In such cases, the process is based on their "belief" that there is a contract between the parties, when it the real sense there is not. The precedent set forth by the courts in having the offeree’s consent as a precondition to the formation of a valid contract was set in the case of Alexander v. Bothsworth (1915) 26 C.A. 589. In the case, the court said that any party who does not give their consent in forming a contract will not be bound by it. Contracts with government Every citizen has a contract-like relationship with their government. However, in respect of the decision in United States v. Shapiro, (1947) 43 F.Supp 927, where the court said obtaining nationality is a freedom, contracts between the government and a citizen may be deemed as invalid. The perceive contract cannot stand when an individual refuses to comply with government conditions, either because the policy contravenes his or her own thinking. In a rather similar case, decided earlier on, Petition of Karas (1940) 17 N.Y.S. 2nd 958 held that citizenship is considered a contractual gift offered by government, which when acquired by conforming to the conditions specified in the national laws would legitimize the contract formed so far (DeMar, 2007). So, by saying that one is a citizen of a certain country he or she is accepting the gift, rights, and welfares from the government in question. In the biblical worldview, by accepting government offers, conditions and benefits, a believer will be deemed as serving the interests of the Lord. This is especially true when the government is formed of God-fearing leaders who follow fair laws based on biblical teachings. Finseth (2013) said most people are of the opinion that contracts are part of life. But whenever contracts are mentioned, the issue of debt comes up. As DeMar (2007) noted, contracts concern a pledge to compensate for goods delivered or services rendered by another party. That is what the Caesar ideology is all about. Matthew 10:8 says humans should not owe each other anything, but embrace love and give without any accompanying conditions (Smith, 2014). In light of this biblical worldview of human relationships, the issue of contracts where one party does something in expectation of another does not arise. Conclusion Generally, contracts are common in human relationships. When two parties enter into one, the biblical worldview wants either side to perform their respective obligations to each other as agreed on paper or verbally or both. This is especially true whether or not one party was holy enough. In light of binding contracts, before one enters into an agreement it is important to consider who he or she is forming the contract with, the intent of the relationship and if the contract has the Lord’s blessings. This way, performing one’s side of the contract is easier because both sides would not want to be seen as wreaking the valid contract. References DeMar, G., (2007). Whoever Controls the Schools Rules the World. New York: American Vision. Finseth, I., (2013). Irony and Modernity in the Early Slave Narrative: Bonds of Duty, Contracts of Meaning. Early American Literature, 48(1), 29-60. Huffman, D.S., (2012). Christian Contours: How a Biblical Worldview Shapes the Mind and Heart. New York: Kregel Academic. Jindo, J.Y., (2011). On the Biblical Notion of Human Dignity: Fear of God as a Condition for Authentic Existence. Biblical Interpretation, 19(4/5), 433-453. Langan, J., (1995). The Contract with America and Catholic social teaching. America, 173(3), 10-15. Smith, S., (2014). 71 Bible Verses about Contracts. Retrieved from http://www.openbible.info/topics/contracts Read More