Contractual conditions are fundamental to the agreement. If the conditions of the contract are not met, it is possible to terminate the contract and claim damages. In fact, contracts can be cancelled if awareness is not sufficiently established. For example, if one of the parties has signed an agreement under duress or can demonstrate influence, fraud or misrepresentation, the contract becomes void. It is therefore essential for all parties entering into a contract to clearly and firmly determine that the agreement is genuine and reciprocal and that all parties agree with its content. Note: The procedural elements of a treaty play an equal role to the material elements of a treaty. The material elements are valid only when the part of the procedure is complete. Example of a valid contract These essential elements of a contract may be more clearly delimited by a situation in which there is a commercial contract between two parties regarding the sale and purchase of a motorcycle at the price of Rs 100000. A sends a letter to B asking him to sell his motorcycle for Rs 100,000 on February 8. The letter is sent to B on February 9 – the communication of the offer is complete. B agrees with free will to sell his bike to A for Rs 100000 – acceptance. On February 10, B mailed the notice of acceptance. – The notification of acceptance is complete to A, since it is out of force of B, reaches February 11 and receives the letter of acceptance from A.
– The communication of acceptance is complete to B. A received the bike on February 15. February and made the payment to B for the bike in 3 installments – here the bike is a legitimate counterpart for A and Rs 100000 is a legitimate counterpart of B. Here, A and B are both tall and sane in mind and are not disqualified by law – contractual capacity. Since a valid agreement is concluded between A and B and is also applicable by law, it is a valid contract with all the essential elements. Final notes: if a proposal of the promiser is accepted by the promisor and a promise is made between them, which constitutes a counterpart for each other, it becomes an agreement and if this agreement is legally applicable, it becomes a treaty. Notes: All contracts start with desire and responsibility. Someone wants (wants) something, and someone can fulfill that desire (take responsibility). This first essential element, called “offer”, includes the obligations and responsibilities of each party, but must also demonstrate an exchange of value. This value can be money, or it can relate to a desired action or outcome.
The agreement is essential for any contract. Before there can be a treaty, there must be an ad idem consensus: that is, there must be a meeting of heads. Both parties to a contract, whether for the construction of the Queen Elizabeth Liners or for lawn cutting, must agree on the basic contractual terms. . . .