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.

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

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

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

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

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

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 .

THE NEED FOR ETHICAL AND ATTITUDINAL RE-ORIENTATION.

The need for Attitudinal & Ethical re-orientation in shaping the minds of young persons cannot be over emphasized.
The attitudes of a vast majority of youths towards their nation and other citizens have either been formed or further strengthened by a set of beliefs,actions or inaction of 'elders',which have been accepted as a norm; no matter how evil these actions are. It is also important to note that, these attitudes,actions and beliefs can only be changed by the acquisition of a 'higher' level of knowledge which points in another direction.


It has become crystal clear that for any nation to move forward, its young citizens must be educated on the need to cultivate positive attitudes and good ethical standards towards national growth and development. Ethical re-orientation will make it possible for our youths to figure out clearly in what direction they are moving. Re-orientation will bring about a conscious effort to rethink actions before carrying them out being fully aware of the consequences of such actions.


Before any nation can fully and totally achieve peace, the mind sets of its citizens have to be put on the right track and this can only be achieved through a thorough process of re-orientation on the need to shun violence and change violence induced attitudes. The consequences of violence and wars must be clearly stated.
While the process of re-orientation could be very tasking, our ethics and values MUST change if we are to collectively move our nation to greatness or achieve and sustain peace in our environments. When our ethics and values change,our attitudes towards others will definitely change too, leading to a cultivation of positive mind sets and self confidence which would make us see others as partners not rivals.


Attitudinal change will make it possible for us to realize the importance of diplomacy, mediation and persuasion as opposed to violence.
I believe the teaching of ethical and attitudinal lessons in our schools, would go a long way in helping us develop a nation wherein every citizen is aware of the right thing to do and also the individual and collective consequences of doing the wrong thing.


In a society where doing the wrong thing is the order of the day, one where good examples are so hard to find, the re-orientation of the minds of our the younger generations is a sine qua non for national development. When our thinking and attitudes towards things and people change from negative to positive, we are bound to give our best in whatever we do, for the good of those around us and our nation.






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