Rights and Obligations - Research Paper Example

This is going to be done by analyzing a case study. There exists a difference between a contract and an agreement because they both have different ramifications for the parties involved. An agreement has the option of being legally binding, or it can be informal. An agreement becomes a contract when the parties involved conceptualize their agreement into a binding relationship. An agreement becomes a contract when it is made with a lawful consideration for a lawful entity. For an object to qualify to be included in a contract, it must not be forbidden by law or defeat the purpose of any laid down law.

A contract should not be fraudulent in intent or imply injury and damage to a person or property of other individuals. A contract should not contravene societal morals either that can be deemed by a court of law as being opposed to public policy and interests (Miller, 2012). A contract should be agreed on based on free will and consent, and should not be realized through coercion. It should not be accomplished through undue influence, misrepresentation or a mistake either. If a contract does not meet the aforementioned qualities, then it is null and void in the eyes of the law, and it cannot be enforced by law.

Contracts have elements that define and validate their viability under the law, which makes them enforceable under the law. These main elements should be in a contract, or it would be invalid. The first element that constitutes a contract is an offer, agreement or a promise, which is the basis around which a contract is constructed. Without an offer, a contract cannot be actualized because it is the initial step that necessitates the drawing up of a contract (Helewitz, 2010). An offer in a contract should be between two or more individuals with one party making the offer and the other considering the same.

The offer stipulates that there should be the fulfillment of duties and obligations by both parties for the offer to be constituted in a legally valid contract. There exists a difference between an offer in a contract and an advertisement. In an advertisement, the obligations and duties are fulfilled first before a contract is constructed. In an advertisement, one of the parties has no part to play in the setting up of terms and conditions required to fulfill the contractual obligations. Acceptance is an element that should be featured in a contract for it to be legally binding.

Contractual acceptance is characterized by a party in the contract agreeing to the terms and conditions of the offer. A contract is not formalized until the party being proposed accepts the offer, and a contract is not legally binding if the requirements of an offer are under negotiation. Consideration in a contract is a vital element, and it means that the parties would be giving something back in return for the proposed offer. It is mostly characterized by a payment as consideration for the offer (Goldman & Sigismond, 2010).

The parties involved in a contract should make it clear to each other that the terms and conditions under which they are both entering into agreement are legally binding. This is an element in contracts that should be emphasized because it helps make the parties involved avoid the consequences of breach of contract. Certainty of the terms and conditions of a contract must be clearly stated and understandable to all parties. Lack of certainty of the regulations