My lover,my friend
With you I ruled the world.
You gave me a reason to smile,
No matter the turbulence.
I would love you forever, I said,
I did mean my words.
You brought sunshine to my life,
You also restored my dark moments.
You were with me through storms,
Yet you, yes you tried to sink my ship.
I wailed when you walked away,
For with you I felt great.
Yet I am glad you are gone.
Why would I hold on to love not mine?
I thought I would be in love forever,
But those anything last forever?
I bless the day we met,
I curse not the day I wept.
Thoughts of you do come to me,
Yes they do, for I gave you my all.
Through it all; I'm stronger now,
My light shining again bright without you.
I did hurt,
But now I can love again.
The sun won't shine forever,
Though I thought it would.
Fare thee well IBI
My love gone with the wind.
Friday, 11 October 2013
A NEW DAY.
This is a new day
Its your day of greatness
To rise above your weakness
To smile as you step
Beyond your boundaries.
To bring light
To dark hearts,
With your warmth
And capture mortals
With a face forever radiant.
Its a new day
May your smile
Bring delight to our souls
Seeking reasons
To keep living and believing.
A smile on a face
Prettier than Cleopatra's
Sparkles our hopes from within.
We see many reasons then,
To look to the brighter side of this new day.
Its your day of greatness
To rise above your weakness
To smile as you step
Beyond your boundaries.
To bring light
To dark hearts,
With your warmth
And capture mortals
With a face forever radiant.
Its a new day
May your smile
Bring delight to our souls
Seeking reasons
To keep living and believing.
A smile on a face
Prettier than Cleopatra's
Sparkles our hopes from within.
We see many reasons then,
To look to the brighter side of this new day.
MY TIME.
Its time,
To step out and face the world.
Its time,
To live my dreams.
My flowers begin to blossom,
For my time is come.
Its time,
To extend my bounds.
In this time of my increase,
I can't be cut down.
Its time
To draw closer to you.
Now is the time
To tell you how much I love you.
The time is right
To let you know how wonderful you are.
And how I long to spend forever with you.
To step out and face the world.
Its time,
To live my dreams.
My flowers begin to blossom,
For my time is come.
Its time,
To extend my bounds.
In this time of my increase,
I can't be cut down.
Its time
To draw closer to you.
Now is the time
To tell you how much I love you.
The time is right
To let you know how wonderful you are.
And how I long to spend forever with you.
MY HOME.
My home,
My happiness.
Four big hearts,
Three small hearts.
I long to get back to you,
When the heat of the day is past.
No matter how far I am,
You are always in my thoughts.
Though in warmth I dwell here,
I'll love to be with you tonight.
Though weary I lay,
Your warmth, my strength it renews.
Though small you might be,
I need you now that ever.
For if I had one night left,
I'll spend it in you.
My home, my happiness.
My happiness.
Four big hearts,
Three small hearts.
I long to get back to you,
When the heat of the day is past.
No matter how far I am,
You are always in my thoughts.
Though in warmth I dwell here,
I'll love to be with you tonight.
Though weary I lay,
Your warmth, my strength it renews.
Though small you might be,
I need you now that ever.
For if I had one night left,
I'll spend it in you.
My home, my happiness.
SMILE
Nights are dark
But the charming smiles
Of beautiful friends
Light up our bed sides.
Things inevitably go wrong,
Smiles of beautiful friends
Pull us through
The worst of low moments.
Ona,
You smile lightens your face,
Keeps you looking pretty,
And brings light to my heart.
But the charming smiles
Of beautiful friends
Light up our bed sides.
Things inevitably go wrong,
Smiles of beautiful friends
Pull us through
The worst of low moments.
Ona,
You smile lightens your face,
Keeps you looking pretty,
And brings light to my heart.
ANGEL OF THE MORNING.
Angel of the morning
Leave me not.
Soothe my pains
Before the day takes you away.
Depressed I awoke,
Fears of the night I still feel.
Dreams unfulfilled I cling to,
Cares of today on my shoulders hang.
Angel of the morning,
Bring my weary soul joy.
Shield me from the hurt,
Which the day brings.
Leave me not.
Soothe my pains
Before the day takes you away.
Depressed I awoke,
Fears of the night I still feel.
Dreams unfulfilled I cling to,
Cares of today on my shoulders hang.
Angel of the morning,
Bring my weary soul joy.
Shield me from the hurt,
Which the day brings.
LOSING YOU.
If you love me,
Why would I fear
That you love me
Not?
Why panteth my heart?
All I feel in your presence
Is the shadow of a love
Not much on my side.
My heart is left,
With no emotions for you.
Your smile I feel drifting,
Takes mine away.
Your words say, YOU LOVE ME
Yet my heart yearns that,
You would love me all over again.
Why would I fear
That you love me
Not?
Why panteth my heart?
All I feel in your presence
Is the shadow of a love
Not much on my side.
My heart is left,
With no emotions for you.
Your smile I feel drifting,
Takes mine away.
Your words say, YOU LOVE ME
Yet my heart yearns that,
You would love me all over again.
DEARIE
My friend
My Sister
My Beloved
You gave me love
To find my feet.
With you
I feel at ease.
Through the waters
I sailed
With you beside me.
When the going
Gets tough,
You reach out to me.
I could move the hills
With you by my side.
Though the world
Aint fair
My dreams
Come true.
For with you, I live on.
I'm blessed,
To have you.
The best to me
You have been.
If I'll have just one friend
I'll love it to be you.
My Sister
My Beloved
You gave me love
To find my feet.
With you
I feel at ease.
Through the waters
I sailed
With you beside me.
When the going
Gets tough,
You reach out to me.
I could move the hills
With you by my side.
Though the world
Aint fair
My dreams
Come true.
For with you, I live on.
I'm blessed,
To have you.
The best to me
You have been.
If I'll have just one friend
I'll love it to be you.
THE MOON ( A TRIBUTE TO MOTHERS)
The nights are dark,
The moon peeps out,
Shines through my window,
Its light so bright,
Into my closet.
O that you would stay
With me forever,
To guide my wavering feet,
And bring my heart
To the path I should go.
O moon of hope;
Shine thou thy light,
Stay with me forever.
Fill me with your wisdom
Through dark and lonely nights.
Stay with us
O moon from God.
Teach our feeble hearts,
To love and respect,
Your kind with us still.
That your light
Might bless
And guard our paths
To a brighter
And greater day ahead.
The moon peeps out,
Shines through my window,
Its light so bright,
Into my closet.
O that you would stay
With me forever,
To guide my wavering feet,
And bring my heart
To the path I should go.
O moon of hope;
Shine thou thy light,
Stay with me forever.
Fill me with your wisdom
Through dark and lonely nights.
Stay with us
O moon from God.
Teach our feeble hearts,
To love and respect,
Your kind with us still.
That your light
Might bless
And guard our paths
To a brighter
And greater day ahead.
Friday, 27 September 2013
Is this agreement a contract? By Aniebiet Ubon
Meaning, and basic elements of a
contract
Save for lawyers, only a handful of
people perfectly understand what makes an agreement a contract; thus, making it
legally binding and enforceable in a court. This article is intended to explain
the fundamental principles better.
A contract is fundamentally
an agreement between two or more parties, intended to create legal relations,
which the law acknowledges as legally binding and will enforce in the event of
a breach.
We live in a society where we must
interact and in our day-to-day interactions we cannot help but enter into
agreements. However, even though contract law evolved to regulate this aspect
of human endeavour, thereby ensuring that parties to a contract fulfill their
promises, and contractual obligations, this arm of the law will not concern
itself with mere agreements, meaning agreements that do not have a binding
nature must not be fulfilled. In the event of a breach of such agreements the
law will not enforce it.
For example, a court will not
enforce a promise made by a man to his son to buy him a car if he learns to
cook in the event he does not fulfill his promise. Once again, the law does not
recognize promises and agreements in which the parties did not intend to create
legal relations. Furthermore, for a contract to be legally enforceable it
must include the following: consent of the contracting parties, consideration,
parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid
contract, meaning for a contract to actually exist, consent must be sought and
obtained. Both parties to the contract must communicate to each other
unambiguously, the nature of the contract, the terms, the subject matter, and
everything else that is relevant to the contract. This is usually referred to
as a “meeting of the minds”. There has to be an offer by one of the parties
(referred to as the offeror) and an acceptance by the other party (referred to
as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes
to sell his car for a certain price and the offeree counter-offers, this would
signify rejection of the initial offer, and should the offeror sell his car to
a different person at a different price, the offeree does not possess the right
to enforce the initial offer as no contract was made.
Any consent that is obtained through
fraud, duress, misrepresentation, undue influence, mistake is not out of
freewill, thus, voidable. Apparently, if I sign a contract because I was
deceived, I never consented to it in the first place, therefore, I can rescind
it. A lot has been written extensively on this. Sometimes, cases regarding this
are usually not that straight forward, but do not be dismayed, it is the role
of the courts to interpret each specific or particular case. It is advisable to
always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts.
This is the price for which the offer is bought. For instance, in a “buyer” and
“seller” situation; the buyer receives the goods and the seller receives
payment. All parties to a contract must make gains. If Mr. A sues Mr. B for
breach of contract without proof that he had furnished consideration (proof
that Mr. B had gained something), he will not succeed, because Mr. B has not
received any consideration. Sometimes, cases bothering on this issue are always
not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken
person, illiterates from contracting. The contract must identify the parties,
first by their names. And sometimes, titles like “Buyer” and “Seller” could be
used to further describe the contracting parties. Copious materials that
extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A
contract for the sale of stolen vehicles will not be enforced by the court
should there be a breach.
It is important to know that whether
your contract is a written or an oral contract, it must include the
elements stated above for it to be legally binding and enforceable. Thus, an
oral contract can be enforceable if it meets these requirements. However, the
validity of certain contracts is hinged on the fact that they be in writing; in
such cases they must documented to be legally binding. However, you will be
well advised to always document your contracts. It is advisable to always
insist that the contract is in writing for evidential basis.
A written contract always serves as
a proof that a contract exists in the event of a breach. Always seek the advice
of a lawyer before you append your signature to contract papers regardless of
how simple the contract is, or how small the contract amount is.
The copyright of the text of this
article is owned by the author Aniebiet Ubon. The content of this
article, in whole or in part, may not be copied, reproduced, republished,
downloaded, posted, broadcast or transmitted in any way without first the
explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL is an independent writer and researcher in the field of law, with special
interests in contract law, international law and human rights. He also
writes about issues regarding world peace, Education, Politics, Human rights
and societal development; He is also a Radio/TV commentator and analyst legal,
education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com.
Twitter: @aniebiet11
Meaning, and basic elements of a contract
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Meaning, and basic elements of a
contract
Save for lawyers, only a handful of
people perfectly understand what makes an agreement a contract; thus, making it
legally binding and enforceable in a court. This article is intended to explain
the fundamental principles better.
A contract is fundamentally
an agreement between two or more parties, intended to create legal relations,
which the law acknowledges as legally binding and will enforce in the event of
a breach.
We live in a society where we must
interact and in our day-to-day interactions we cannot help but enter into
agreements. However, even though contract law evolved to regulate this aspect
of human endeavour, thereby ensuring that parties to a contract fulfill their
promises, and contractual obligations, this arm of the law will not concern
itself with mere agreements, meaning agreements that do not have a binding
nature must not be fulfilled. In the event of a breach of such agreements the
law will not enforce it.
For example, a court will not
enforce a promise made by a man to his son to buy him a car if he learns to
cook in the event he does not fulfill his promise. Once again, the law does not
recognize promises and agreements in which the parties did not intend to create
legal relations. Furthermore, for a contract to be legally enforceable it
must include the following: consent of the contracting parties, consideration,
parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid
contract, meaning for a contract to actually exist, consent must be sought and
obtained. Both parties to the contract must communicate to each other
unambiguously, the nature of the contract, the terms, the subject matter, and
everything else that is relevant to the contract. This is usually referred to
as a “meeting of the minds”. There has to be an offer by one of the parties
(referred to as the offeror) and an acceptance by the other party (referred to
as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes
to sell his car for a certain price and the offeree counter-offers, this would
signify rejection of the initial offer, and should the offeror sell his car to
a different person at a different price, the offeree does not possess the right
to enforce the initial offer as no contract was made.
Any consent that is obtained through
fraud, duress, misrepresentation, undue influence, mistake is not out of
freewill, thus, voidable. Apparently, if I sign a contract because I was
deceived, I never consented to it in the first place, therefore, I can rescind
it. A lot has been written extensively on this. Sometimes, cases regarding this
are usually not that straight forward, but do not be dismayed, it is the role
of the courts to interpret each specific or particular case. It is advisable to
always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts.
This is the price for which the offer is bought. For instance, in a “buyer” and
“seller” situation; the buyer receives the goods and the seller receives
payment. All parties to a contract must make gains. If Mr. A sues Mr. B for
breach of contract without proof that he had furnished consideration (proof
that Mr. B had gained something), he will not succeed, because Mr. B has not
received any consideration. Sometimes, cases bothering on this issue are always
not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken
person, illiterates from contracting. The contract must identify the parties,
first by their names. And sometimes, titles like “Buyer” and “Seller” could be
used to further describe the contracting parties. Copious materials that
extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A
contract for the sale of stolen vehicles will not be enforced by the court
should there be a breach.
It is important to know that whether
your contract is a written or an oral contract, it must include the
elements stated above for it to be legally binding and enforceable. Thus, an
oral contract can be enforceable if it meets these requirements. However, the
validity of certain contracts is hinged on the fact that they be in writing; in
such cases they must documented to be legally binding. However, you will be
well advised to always document your contracts. It is advisable to always
insist that the contract is in writing for evidential basis.
A written contract always serves as
a proof that a contract exists in the event of a breach. Always seek the advice
of a lawyer before you append your signature to contract papers regardless of
how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this
article is owned by the author Aniebiet Ubon. The content of this
article, in whole or in part, may not be copied, reproduced, republished,
downloaded, posted, broadcast or transmitted in any way without first the
explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in
view) is an independent writer and researcher in the field of law, with special
interests in contract law, international law and human rights. He also
writes about issues regarding world peace, Education, Politics, Human rights
and societal development; He is also a Radio/TV commentator and analyst legal,
education, political and societal development.
Ubon is the Founder of the
Qualitative Universal Education and Legal Literacy Initiative (QUELL), an
movement for young citizens campaigning for the right to free, compulsory
primary education for all; the development of secondary and tertiary education
available and accessible to all; and the improvement of the quality of our
educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com.
Twitter: @aniebiet11
Meaning, and basic elements of a contract
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Meaning, and basic elements of a contract
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Meaning, and basic elements of a contract
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Save for lawyers, only a handful of people perfectly understand what makes an agreement a contract; thus, making it legally binding and enforceable in a court. This article is intended to explain the fundamental principles better.
A contract is fundamentally an agreement between two or more parties, intended to create legal relations, which the law acknowledges as legally binding and will enforce in the event of a breach.
We live in a society where we must interact and in our day-to-day interactions we cannot help but enter into agreements. However, even though contract law evolved to regulate this aspect of human endeavour, thereby ensuring that parties to a contract fulfill their promises, and contractual obligations, this arm of the law will not concern itself with mere agreements, meaning agreements that do not have a binding nature must not be fulfilled. In the event of a breach of such agreements the law will not enforce it.
For example, a court will not enforce a promise made by a man to his son to buy him a car if he learns to cook in the event he does not fulfill his promise. Once again, the law does not recognize promises and agreements in which the parties did not intend to create legal relations. Furthermore, for a contract to be legally enforceable it must include the following: consent of the contracting parties, consideration, parties capable of contracting, and a legal object.
Consent of the contracting parties: The existence of this element is a prerequisite for a valid contract, meaning for a contract to actually exist, consent must be sought and obtained. Both parties to the contract must communicate to each other unambiguously, the nature of the contract, the terms, the subject matter, and everything else that is relevant to the contract. This is usually referred to as a “meeting of the minds”. There has to be an offer by one of the parties (referred to as the offeror) and an acceptance by the other party (referred to as the offeree). A counter offer does not signify acceptance.
For instance, if an offeror proposes to sell his car for a certain price and the offeree counter-offers, this would signify rejection of the initial offer, and should the offeror sell his car to a different person at a different price, the offeree does not possess the right to enforce the initial offer as no contract was made.
Any consent that is obtained through fraud, duress, misrepresentation, undue influence, mistake is not out of freewill, thus, voidable. Apparently, if I sign a contract because I was deceived, I never consented to it in the first place, therefore, I can rescind it. A lot has been written extensively on this. Sometimes, cases regarding this are usually not that straight forward, but do not be dismayed, it is the role of the courts to interpret each specific or particular case. It is advisable to always contact a lawyer before you enter into a contract.
Consideration: This is equally a prerequisite for all valid contracts. This is the price for which the offer is bought. For instance, in a “buyer” and “seller” situation; the buyer receives the goods and the seller receives payment. All parties to a contract must make gains. If Mr. A sues Mr. B for breach of contract without proof that he had furnished consideration (proof that Mr. B had gained something), he will not succeed, because Mr. B has not received any consideration. Sometimes, cases bothering on this issue are always not that open-and-shut. It is usually the role of the court to decide.
Parties capable of contracting: The law prohibits minors, people of unsound mind and drunken person, illiterates from contracting. The contract must identify the parties, first by their names. And sometimes, titles like “Buyer” and “Seller” could be used to further describe the contracting parties. Copious materials that extensively explain this subject, have been documented.
Legal Object: The object or subject matter of a contract must be legal. A contract for the sale of stolen vehicles will not be enforced by the court should there be a breach.
It is important to know that whether your contract is a written or an oral contract, it must include the elements stated above for it to be legally binding and enforceable. Thus, an oral contract can be enforceable if it meets these requirements. However, the validity of certain contracts is hinged on the fact that they be in writing; in such cases they must documented to be legally binding. However, you will be well advised to always document your contracts. It is advisable to always insist that the contract is in writing for evidential basis.
A written contract always serves as a proof that a contract exists in the event of a breach. Always seek the advice of a lawyer before you append your signature to contract papers regardless of how simple the contract is, or how small the contract amount is.
(c) Aniebiet Ubon 2013.
The copyright of the text of this article is owned by the author Aniebiet Ubon. The content of this article, in whole or in part, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without first the explicit permission of the owner and author.
Aniebiet D. Ubon LL.B (Hons), BL (in view) is an independent writer and researcher in the field of law, with special interests in contract law, international law and human rights. He also writes about issues regarding world peace, Education, Politics, Human rights and societal development; He is also a Radio/TV commentator and analyst legal, education, political and societal development.
Ubon is the Founder of the Qualitative Universal Education and Legal Literacy Initiative (QUELL), an movement for young citizens campaigning for the right to free, compulsory primary education for all; the development of secondary and tertiary education available and accessible to all; and the improvement of the quality of our educational system. QUELL also aspires to promote legal awareness.
Contact email: aniebietubon@gmail.com. Twitter: @aniebiet11
- See more at: http://legal-aware.org/2013/08/is-this-agreement-a-contract/#sthash.NkVliXBo.dpuf
Wednesday, 25 September 2013
A NATION IN SEARCH OF PEACE.
Wikipedia defines peace as "a state of harmony characterized by the lack
of violence,conflict behaviors and the freedom from fear or violence.
Commonly understood as the absence of hostility,peace also suggests the
existence of healthy or newly healed interpersonal or international
relationships,prosperity in matters of social or economic welfare,the
establishment of equality and a working political order,that serves the
true interests of all".
Peace in the Nigerian context has been redefined to mean the absence of war,absence of militancy or absence of agitation of any kind under any guise. In Nigeria it is very common to hear both government officials and 'ordinary' citizens say a particular region is peaceful,simply because gunshots are not heard nor are bombs exploding in such places. We continue to live in the illusion that ours is a peaceful nation,ignoring the basic fundamentals of peace as defined above,forgetting that without efforts to sustain peace,there would eventually be no peace.
Peace is therefore not only the absence of war but the creation and maintenance of a just order in the environment and by extension the society. Without a working justice system that establishes and maintains equality, serving the interests of everybody, (no matter how poor or lowly placed in the social order), peace cannot be achieved even in the absence of wars and fightings.
In Nigeria,what is commonly referred to as peace is nothing but a facade. What actually exists is the oppression and suppression of a people who have not yet found a way of making themselves heard or still trying to convince themselves on why they should not engage in violence or in some cases planning on what form or method their agitation will take.
A nation that understands the importance of peace will NEVER take matters of economic and social welfare of its citizens for granted, because its leadership is fully aware of the inextricable link between 'meaningful' development and peace.
'REAL' peace can only be achieved and sustained when: There's justice,fairness and a working political order that serves the interests of ALL. Furthermore, a peaceful Nigeria is possible when the Confucius concept of REN(translated as benevolence or humaneness) is adopted by all citizens. Confucius defined REN as "not to do to others as you would not wish done to yourself".
Our leaders have to realize that without justice,fairness and equality, there can be no REAL peace and for our nation to move forward in all ramifications there MUST be REAL peace after which it becomes the duty of everyone to sustain the peace through REN.
Enenim Ubon is on twitter @enenimubon
Peace in the Nigerian context has been redefined to mean the absence of war,absence of militancy or absence of agitation of any kind under any guise. In Nigeria it is very common to hear both government officials and 'ordinary' citizens say a particular region is peaceful,simply because gunshots are not heard nor are bombs exploding in such places. We continue to live in the illusion that ours is a peaceful nation,ignoring the basic fundamentals of peace as defined above,forgetting that without efforts to sustain peace,there would eventually be no peace.
Peace is therefore not only the absence of war but the creation and maintenance of a just order in the environment and by extension the society. Without a working justice system that establishes and maintains equality, serving the interests of everybody, (no matter how poor or lowly placed in the social order), peace cannot be achieved even in the absence of wars and fightings.
In Nigeria,what is commonly referred to as peace is nothing but a facade. What actually exists is the oppression and suppression of a people who have not yet found a way of making themselves heard or still trying to convince themselves on why they should not engage in violence or in some cases planning on what form or method their agitation will take.
A nation that understands the importance of peace will NEVER take matters of economic and social welfare of its citizens for granted, because its leadership is fully aware of the inextricable link between 'meaningful' development and peace.
'REAL' peace can only be achieved and sustained when: There's justice,fairness and a working political order that serves the interests of ALL. Furthermore, a peaceful Nigeria is possible when the Confucius concept of REN(translated as benevolence or humaneness) is adopted by all citizens. Confucius defined REN as "not to do to others as you would not wish done to yourself".
Our leaders have to realize that without justice,fairness and equality, there can be no REAL peace and for our nation to move forward in all ramifications there MUST be REAL peace after which it becomes the duty of everyone to sustain the peace through REN.
Enenim Ubon is on twitter @enenimubon
THE NIGERIAN YOUTH AND THE LACK OF UNDERSTANDING.
Stating that the social media has presented the average Nigerian youth with a platform to express their grievances against a myriad of issues regarding the nation and its leaders would be an understatement. From politics,legal issues,social issues,economic,religious and ethnic issues,the Nigerian youth have found a way of expressing their annoyance and grievances.
This advantage of the social media is threatened by the seemingly lack of understanding of the fundamentals of certain issues that trend before joining the conversation. Their lack of understanding and sometimes outright display of ignorance is often exhibited in the way and manner some youths engage in discussions - from the point of view and understanding of their 'SOCIAL MEDIA MENTORS'. Lately,it has become common place to see some politicians in a bid to score cheap points and blackmail opponents bring up irrelevant issues, lacking in merit and devoid of facts to even be discussed by kids let alone 'educated' adults in most cases. Unsurprisingly these desperate elements constantly devise means to befuddle the impressionable minds of their 'voltrons' who consider them 'all knowing'.
These voltrons are either too lazy to read, understand and take a stand of their own or too deficient in education to make critical judgements whenever they read. Some youths on various social media platforms now depend on their 'all knowing mentors' for interpretations of articles, laws etc, and sadly share their views no matter how uninformed or prejudiced the opinions of their 'bosses' are. They are too laid back to read, therefore lacking the initiative to make independent judgements based on facts believing their 'all knowing mentors' have answers to all questions and solutions to all problems. For instance, a large number of the youths on social media never bothered to read through the provisions of Section 29(4b) of the Nigerian constitution,which would have helped them to contribute meaningfully to the debate, but as usual some chose to sentimentalize issues based on religion,ethnicity and the viewpoints of their various social media mentors.
If we blame the present/past leaders for our woes as a nation, I wonder if this generation is any better with this prevalent lack of understanding and diligence to find out facts not just to restate the opinions of the various social media lords.
The breakdown of our educational system may be blamed for this due to a thousand and one shortcomings of the system. Educational re-orientation would go a long way in helping the youths,preventing them from joining conversations without first understanding the fundamental issues either for material,political gains or merely seeking the attention of their social media mentors.
Just like the children of Issachar(2 Chronicles 12:32), the Nigerian youth need to have an understanding of the times to be able to decipher between good and bad,willingly taking decisions that would ultimately be in their interest and that of the nation; not decisions based on the 'sweet talk' of selfish persons who are merely using them due to their lack of discernment and understanding.
The writer is on twitter @enenimubon
DISCOVER THE 'REAL' YOU
"Knowing yourself is the beginning of all wisdom" - Aristotle.
Any true body transformation starts with self discovery. The average Nigerian youth is yet to discover his/herself. Opinions are influenced by what people say,think or do. This inability to truly discover who we are,what we want and what we want to be remembered for, is the reason behind most of the 'unreasonable' actions we see around us everyday.
I was having a discuss with a friend I met recently and he told me of how he could no longer visit a part of town he once resided,because all his friends had relocated abroad for studies. He continued, that his dad is the reason why he didn't join them abroad. I had to ask him, why and how? To my utmost shock, he said his dad stopped him from picking a form as a 'repentant militant' to go abroad. I was to surprised to say anything else(I digress).
I believe that to a certain extent the inability of youths to know what they want is the reason for unfulfilled dreams,mediocre lives and ultimately shattered futures. The Nigerian youth allows his/her opinions about life,marriage,sex,politics,religion etc to be shaped by strangers who afterwards do not care whether you succeed or fail. We even attempt to deceive and lie to ourselves because of standards set by people who may have been 'failures' themselves.
Self Discovery is a sine qua non for a life of bliss. All the great men that ever walked this path knew what they wanted, with eyes fixed on the price, they moved towards their dreams.
Youth must have the inner eyes to see the future and realize that in the end we are all responsible for our actions,no matter who or what influenced such actions. Do big things,be creative,be daring BUT stay within the 'confines of you'.
"Sometimes you have to kind of die inside in order to rise from your own ashes and believe in yourself and love yourself to become a new person".
Attitudinal re-orientation is very necessary in the journey to self discovery. Discover the true you and stick to your positives no matter who tells you something different. Your understanding of yourself takes you into a deeper region of knowledge and wisdom,which is very vital to the attainment of success.
Life is a personal responsibility. You owe it to your self to live your life 'successfully' and not act out a script written down by someone else.
"Who in the world am I? Ah,that's the greatest puzzle". - Lewis Carrol(Alice in Wonderland).
Enenim Ubon is a Biochemist;Creative Writer;Researcher,with particular interest in socio-economic and socio-political issues. Also,a resource person in Peace,Conflict studies and Leadership. He is on twitter @enenimubon .
Any true body transformation starts with self discovery. The average Nigerian youth is yet to discover his/herself. Opinions are influenced by what people say,think or do. This inability to truly discover who we are,what we want and what we want to be remembered for, is the reason behind most of the 'unreasonable' actions we see around us everyday.
I was having a discuss with a friend I met recently and he told me of how he could no longer visit a part of town he once resided,because all his friends had relocated abroad for studies. He continued, that his dad is the reason why he didn't join them abroad. I had to ask him, why and how? To my utmost shock, he said his dad stopped him from picking a form as a 'repentant militant' to go abroad. I was to surprised to say anything else(I digress).
I believe that to a certain extent the inability of youths to know what they want is the reason for unfulfilled dreams,mediocre lives and ultimately shattered futures. The Nigerian youth allows his/her opinions about life,marriage,sex,politics,religion etc to be shaped by strangers who afterwards do not care whether you succeed or fail. We even attempt to deceive and lie to ourselves because of standards set by people who may have been 'failures' themselves.
Self Discovery is a sine qua non for a life of bliss. All the great men that ever walked this path knew what they wanted, with eyes fixed on the price, they moved towards their dreams.
Youth must have the inner eyes to see the future and realize that in the end we are all responsible for our actions,no matter who or what influenced such actions. Do big things,be creative,be daring BUT stay within the 'confines of you'.
"Sometimes you have to kind of die inside in order to rise from your own ashes and believe in yourself and love yourself to become a new person".
Attitudinal re-orientation is very necessary in the journey to self discovery. Discover the true you and stick to your positives no matter who tells you something different. Your understanding of yourself takes you into a deeper region of knowledge and wisdom,which is very vital to the attainment of success.
Life is a personal responsibility. You owe it to your self to live your life 'successfully' and not act out a script written down by someone else.
"Who in the world am I? Ah,that's the greatest puzzle". - Lewis Carrol(Alice in Wonderland).
Enenim Ubon is a Biochemist;Creative Writer;Researcher,with particular interest in socio-economic and socio-political issues. Also,a resource person in Peace,Conflict studies and Leadership. He is on twitter @enenimubon .
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