Contractual Drafting
WHAT IS CONSIDERED A CONTRACT ?
A contract assists you in providing legal enforcement of an agreement or transaction. Contracts are legally binding commitments between two or more people, comprising of individuals, businesses or organizations. It can be a oral or written agreement which meet four requirements that ensures that they are valid and enforceable.
WHEN SIGNING A CONTRACT ENSURE;
- An authorised person signs it.
- All parties are of legal age and competent, this means that they possess the maturity and mental ability to enter into the agreements.
WHO CAN ENFORCE A CONTRACT?
Only a person that is a party to a contract can enforce a contract. Therefore, only those parties to the agreement can enforce their rights or claim damages.
WHAT CONSTITUTES A BREACH OF A CONTRACT
A breach occurs when one party does not adhere to the conditions agreed upon under a contract. The aggrieved party will usually be entitled to compensation or the choice of exiting the contract. The General rule of thumb is that the breach must be material in nature in order for the party to exit the contract.
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