Wednesday, 6 June 2012

BEFORE YOU SIGN THAT CONTRACT!

Contract by definition, is an agreement between two parties which the law will enforce or recognise. for such a contract to be valid, there must be in existence, mutuality of purpose and intention {meeting of the mind}, the reason i chose to talk about contract signing is because it pervades all spheres of human capacity. Most times, people enter into a contract without knowing the import, it is after the deed has been done that they start looking for a lawyer to help them out. This is not GOOD!

For a contract to be recognisaed by law, it must have the following elements;
  • offer
  • Acceptance
  • Consideration, &
  • An intention to enter into legal relations. 
OFFER;
  For a contact to come into existence, there must be an 'offer' by one party to another and an acceptance by trhe person to whom the offer is addressed. Offer by definition is a definite promise, made by one party with the intention that it shall become binding on the party making it, as soon as it is accepted by the party, to whom it is addressed. This offer must be clear, precise, unequivocal and ambigous, meaning, the party to whom the promise is made, must fully understand and comprehend the intention of the person making the offer.
For instance, a lady who goes to the shopping mall,'offers' to buy every goods in her cart, while the Mall accepts by collecting the money value of the goods.
A contract that lacks precise or asserted terms and condition is not legally valid, hence, not enforceable at law, this is why your lawyer must look at any contract you intend to sign.
The legal obligation of the party offering, arises as soon as the other party accepts.


ACCEPTANCE;
By definition, acceptance is a final and unqualified expression of assent to the terms of the offer. This acceptance can be done either by {a} words, {b} conduct, {c}writing. There must be a positive evidence from which the court can infer acceptance, meaning, the acceptance must be notified to the person offering, mental or internal acceptance is  not enough. A mere intention to accept or silence cannot constitute an acceptance.
The legal obligation of the party accepting, arises as soon as he pays his consideration in support of his acceptance.

Make i no bore una with too much law talk, let me give you time to assimilate what you have just read & abeg, make your lawyer see that contract before you sign am, nobody anticipates conflict or dispute but they come anyway.
 GOODLUCK & DO TAKECARE!!!!

No comments:

Post a Comment