CONTRACT AND NEGLIGENCE

Aspects of Contract and Negligence



Aspects of Contract and Negligence

Task 1

Agreement

It has an agreement when the will expressed by the parties are directed to the same purpose. The will must be shown by a person capable of discernment and should not be spoiled or simulated. All the ways in which you can reach the agreement are due to a simple pattern: there is a proposal to a single e-mail or to a body, followed by an acceptance by the recipient of the proposal and direct the offered. The contract is concluded at the time (and place) in which the acceptance is made known to the applicant (www.smallbusiness.wa.gov.au).

The Object

The object consists of the totality of what the parties wanted to achieve by the contract. Object of the contract is primarily performance that the parties are obligated to perform, then the transfer or the creation of property rights, and the modification or termination of existing bonds.

The Cause

It is the economic-social reason which is contracted. The cause must be distinguished from the reason that it is the personal reason that gave rise to a contract (www.smallbusiness.wa.gov.au).

The Shape

It is the way it manifests the intention of the parties. The written form, a private, authenticated private and public act is essential if it is required as a condition of validity, in this case, the contract is null orally. Where; however, the shape is required as evidence, the oral contract is valid.

Minimum Two Parties

A contract can only be valid when there is a minimum of two parties. An offer is made by one party, and the other part has to accept the offer. The party which offers is called the offeror promisor and the other party is called the offeree. The party which accepts the offer is called the acceptor (www.smallbusiness.wa.gov.au).

Offer and Acceptance

For a contract to be valid there must be an offer, as well as, an acceptance of the offer. The offer, as well as, the acceptance should be under the law.

Three Different Types Of Business Contracts

Bill of Sale

A bill of sale is a legal document between the seller and the buyer which documents that how where and when the purchase will be made. A bill of sales shows that the seller had the legal title and claim to the asset that was transferred to the buyer at the time the purchase was made. Usually, a bill of sales is used in the transaction of products such as cars, electronics, jewelry and antiques . A bill of sale is not suitable for transactions like the real estate and the buying and selling of shares and stocks. The main reason that the bill of sale is signed is the recording of transactions and to make sure that the transaction proceeded in a legal and lawful way. A bill of sales is composed of three main parts or essentials. They are the contact information and the full names of the seller and the buyer, the price of purchase and the description of ...