Monday, January 28, 2008

Ways to Enter a Valid Contract

There are five ways to enter a valid contract:

Writing(Black & White Agreement)
It can be either signed by both parties(eg. hire purchase agreement), by one party(eg. receipt) or unsigned(eg. parking ticket). A writing agreement appears to be more formal than agreements made by oral/verbal or conduct, and is often used in commercial, domestic and social contracts as a proof of intention.

Oral/Verbal
This is one of the most common ways of entering a contract as it happens everyday and everywhere. A simple example of such agreement would be taxi driver and passenger where the offer, acceptance and bargain are done solely by oral. Oral or verbal agreements are usually difficult to proof in the case where there is a dispute.

Deed
Deeds are done by assigning the ownership of properties from one party to another ie. from father to son. In such circumstances no sales are involved.

Conduct
By the word 'conduct' not only does it mean the act to do something(positive) but also the opposite, omission(negative). This can be seen in the scenario of accidentally breaks the displayed goods in a shop. In such case though you may have not been interested to enter a contract with the shop(by buying the broken item), but the ommission made(by breaking the item) has forced you to enter such contract(pay for it).

Statutory Requirement
Sometimes the law requires us to enter certain contract. For example we have to sign a Sales & Purchases Agreement when purchasing immovable property such as land & building. Failure to do so may sometimes to a void contact due to the illegality of it.

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