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My teacher said if forming a contact. However, I just found 6 element, which are:
1/ Offer
2/ Acceptance
3/ Consideration
4/ Intention to create legal relationship
5/ Genuine Consent
6/ Legality of object

I don't know the 7th of the elements. Pls kindly advise and explain the elements. Thanks!

2007-06-05 06:28:35 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

5 answers

7./ rules and legibility of the contract...

2007-06-05 06:34:16 · answer #1 · answered by T.B. 2 · 0 0

I respectfully suggest that your teacher has it wrong. There are only four elements to a valid enforceable contract and the one you're missing is "Capacity":

1. Mutuality (that's the meeting of the minds - it covers your numbers 1, 2 and 5)

2. Legality (objective is legal - it's your numbers 4 and 6, although the "intention" to create a legal relationship is not accurate)

3. Consideration (your number 3); and

4. Capacity (the parties all possess the legal capacity to enter into a contract, unaffected by intoxication or mental incompetence.)

Once these elements are satisfied, you must apply other rules (e.g., statute of frauds - does it have to be in writing? - quasi contract rules, etc.)

2007-06-05 06:48:37 · answer #2 · answered by Judge 3 · 0 0

In the strictest sense, a contract is formed when three elements are met: 1) Mutual Assent (offer and acceptance); 2) Consideration (bargained for exchange or a substitute) and 3) No defense to formation (no mistake, no lack of capacity, and no illegality.)

However, for the purposes of the "7 elements" your teacher may be looking for, I would suggest that the element lacking is "Capacity." You can't have a contract if the parties entering into the contract do not have the legal capacity to enter into it - i.e. underage, insane, intoxicated, induced by duress and/or coercion.

2007-06-05 07:28:40 · answer #3 · answered by Charlie L 3 · 0 0

Traditionally, three types of unlawful killings constitute manslaughter: 1.) an intentional killing committed in "sudden heat of passion" as the result of "adequate provocation" (voluntary manslaughter); 2.) an unintentional killing resulting from the commission of a lawful act done in an unlawful manner (involuntary manslaughter). This is akin to criminally negligent homicide. 3.) an unintentional killing that occurs during the commission or attempted commission of an unlawful act (involuntary manslaughter). This type of manslaughter is sometimes dubbed "unlawful-act manslaughter," or if the killing occurred during the commission of a non-felony, "misdemeanor-manslaughter." There's also Unlawful-Act (Misdemeanor-Manslaughter) – An accidental homicide that occurs during the commission of an unlawful act not amounting to a felony (or, at least, not amounting to felony that would trigger the felony-murder rule) constitutes involuntary manslaughter. This may be termed "misdemeanor-manslaughter" or "unlawful-act manslaughter."

2016-05-17 10:01:25 · answer #4 · answered by Anonymous · 0 0

When it comes down to it, you don't need 4, 5, or 6. You only need Offer, Acceptance, and Consideration.

2007-06-05 06:42:52 · answer #5 · answered by cyanne2ak 7 · 0 1

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