An Agreement Which Is Enforceable By Law Is A

Aia Standard Form Of Agreement Between Owner And Construction Manager
10 września 2021
Are Lease Agreement
11 września 2021

An Agreement Which Is Enforceable By Law Is A

3. Legitimate consideration and object: the consideration or the object of an agreement should be legal. It should not be prohibited by law; should not be such that, if permitted, it would null and neas the legal provisions; should be fraudulent; if no violation of the person or the assets of another person is or implies it, it should not be a being considered by the court to be immoral or contrary to public order. If the consideration or the object of an agreement is illegal, the agreement would be cancelled. If an agreement were to harm the person, such an agreement would be illegal. It should be noted that such a violation should be illegal. If the very purpose of the agreement between the parties is to promote their interest rather than harm the other party, then such an agreement is valid. Therefore, if two parties submitting the offer conclude the contract so as not to compete, such an agreement is a valid contract. If the consideration or object of the agreement is considered by the Court to be contrary to morality or contrary to public policy, such an agreement shall also be annulled. For example, a person agrees to sell his daughter to someone, such an agreement is not valid because it is considered immoral by law.

It should be noted that the misled agreement is null and void, while the agreement concluded by coercion, unlawful influence, fraud and misrepresentation is questionable at the choice of the party who was led to conclude the contract. Therefore, an agreement to do an illegal act is unaffordable and cannot be brought to justice. Account should also be taken of the distinction between invalid and illegal agreements. Not every illegal agreement is valid, but not all agreements that have not been concluded have to be illegal. An agreement between private parties that creates mutual obligations that are enforceable by law. The fundamental elements necessary for the agreement to be a legally enforceable contract are: mutual consent expressed through a valid offer and acceptance; take due account; capacity; and legality. In some States, the consideration element may be satisfied by a valid replacement. Possible remedies in the event of an infringement are general damages, consequential damages, damage to trust and certain services. All agreements enforceable by law are a contract[1]. In other words, only these agreements become a contract that is legally enforceable or that constitutes a legal obligation. There are therefore two essential elements of the Treaty: (I) Agreement (II) applicability by law.

However, if the part of the consideration or object of an agreement is legal and the two are separable, that part of an agreement is valid[10].

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