Law of contracts

THE PURPOSE OF KNOWING WHEN AND WHERE A CONTRACT IS FORMED

If a contract is an agreement that creates legal obligations for the parties, that is binding in law, then it is very important to know

· was there a contract

· when was it entered into

· where was it entered into

· what was the content of the contract

The answers to each one of these questions will have one or more effect on how we will handle our client’s claim / defense in civil court.

· If there was no contract – we will not have a claim at all (how do I prove that there was / was not a contract)

· When was the contract entered into – the date will determine prescription, delivery and many other practical implications to the contract. (prescription – no claim)

· Where – this will determine jurisdiction (can I sue in this court or not)

· The content of a contract will form the basis of my claim / defense

REMEMBER :

A CONTRACT MUST ALWAYS BE A VALID CONTRACT MEANING:-

· There must be consensus

· The parties must have contractual capacity

· The formalities must be met if any

· It must be legal

· It must be possible

· It must have certainty

Forming of a contract

A contract is normally formed by way of an offer and an acceptance.