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What is Contract Law ?
Contract law is a specialized area of law that governs relationships between parties. The legal elements of contract law include offer, acceptance, and consideration.
One of the most complicated concepts in contract law is whether something will be deemed to be a present or future payment. This guideline can be found in the Uniform Commercial Code (UCC) and all states have adopted it into their statutes or codes under Article 2A Sales.
The UCC states that the “time when the payment is due is determined by the agreement and by the usages of trade, and in the absence of such agreement or usage, by the course of dealing between the parties”. This guidance has been adopted into a number of rules within contract law, including:
There are three basic types of consideration that can be used within contract law. These are exchange, promissory estoppel, and restitution. The first two are present at the formation of a contract but are not enough to hold up enforcement unless there is some sort of detriment caused as a consequence which would fall under restitution. If something falls under these conditions then it will be enforceable through a court proceeding.
Types Of Contract Law
- Exchange of consideration – The true nature of this action is that both parties gain something tangible or intangible in exchange for their service or product. Although these terms can be said to be present at the formation of the contract, a contract will not be deemed enforceable if there has been an element of detriment caused to either party. The best example of this would be in a commercial transaction where a car is traded as consideration for some goods or services and the seller does not provide title to the car when the transaction is settled. If there is no remedy for contract breach, then it would seem that there was no agreement at all between the parties and thus would have been invalidated by law.
- Promissory estoppel – This type of contract law is similar to exchange of consideration in that both parties have a tangible form of gain or loss. The main difference is that the one who is benefiting from this contract would be considered to have induced the other party into a certain action, which can then be enforced if there has been some detriment suffered by the other party. Remember, in order for this contract to be enforceable there must be a detriment caused and not just an exchange of gain or loss from a side.
- Restitution – This action allows you to recover money or damages that were caused by someone else’s breach of his or her contract. This includes money paid for goods or services that were never received the cost of replacing property, or other losses that you suffered due to a breach of a contract.
Importance Of Contract Law
Contract law regulates a large number of transactions within the United States and is one of the most important areas of law that you need to be familiar with as an entrepreneur. If you do not understand the basics of contract law, you may find yourself in trouble with a business partner or a client who feels that they have been wronged by you due to some breach in your contract. The best example of this type of enforcement is when there has been an exchange of consideration but one party has not given due consideration to their promise as stated in their contract.
If you have decided to start your own business, then understanding and being able to create contracts will be necessary for your success. If you are looking to hire someone to work for you, then be sure to have them sign a contract that guarantees that they will be held accountable for their actions towards your business.
One of the most important parts of contract law that you need to know is how to properly create one. In order to do this, you will first need to understand what a contract is and what it can be used for. After that, you will be ready to select the terms and conditions of your contract, using language that is favorable to you. You must make sure that both parties understand the same terms within your contract in order for it to be legally binding.
Other importance include;-
- Ensures that there is a contract and the terms are met by both parties
- Ensures that proper consideration has been paid for any contracts made
- Provides remedies for breach of contract by one or both parties
- Provides penalties for not abiding to the terms of contracts
- Prevent two people from entering into any agreement that would be deemed illegal under the law (i.e. slavery, forced marriage, etc.)
Topics Studied Under Contract Law
- Types of contracts – (a definition, mutuality, and purpose)
- Offer and acceptance
- Free will vs. Contracts of adhesion and other variations on free will
- Contractual capacity, mental illness, insanity and duress
- Consideration-related remedies for breach of contract (looking at restitutionary contract remedies)
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