RICS Training - Contract Practice - Session 01 - everything about Contracts

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  • čas přidán 7. 09. 2024
  • Definition: A contract is a legally binding agreement between two or more parties that creates an obligation to do (or not do) a particular thing.
    Essential Elements:
    Offer: One party must make a clear offer.
    Acceptance: The other party must accept the offer without any conditions.
    Consideration: Something of value must be exchanged between the parties (money, goods, services, etc.).
    Legal Capacity: Parties must have the legal capacity to enter into a contract (age, mental competence, etc.).
    Legal Purpose: The contract's purpose must be legal and not against public policy.
    Types of Contracts:
    Express Contract: The terms are explicitly stated, either orally or in writing.
    Implied Contract: The terms are inferred from the parties' actions or conduct.
    Void Contract: A contract with a purpose that's illegal or against public policy.
    Voidable Contract: One party has the option to enforce or terminate the contract.
    Unilateral Contract: One party makes a promise in exchange for the other party's performance.
    Bilateral Contract: Both parties exchange promises to perform.
    Formation: Contracts can be formed verbally, in writing, or even through conduct, depending on the circumstances and the type of contract.
    Terms: Contracts typically include terms that outline the rights, duties, and obligations of each party involved. These terms can cover various aspects such as payment, delivery, timelines, etc.
    Breach of Contract: When one party fails to fulfill its obligations under the contract, it's considered a breach. The non-breaching party may seek remedies such as damages, specific performance, or cancellation of the contract.
    Interpretation: If there's a dispute over the contract's terms, courts will interpret the contract based on its language, the parties' intentions, industry customs, and other relevant factors.
    Enforceability: For a contract to be enforceable, it must meet certain requirements, such as being in writing for certain types of agreements (like real estate contracts) and signed by the parties.

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