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4 – CONTRACTS
FORMATION OF CONTRACT
The first elements of the contract are offer and acceptance. Both must be communicated in a clear manner. The offer may
be taken back. Another element is consideration, which signifies the performances exchanged between the parties (money
from one party and goods from the other). It may have various forms (something given, done or agreed to be refrained). The
terms of the contract must be exact and certain. They are divided into conditions and warranties. Breach of conditions may
result in terminating the contract, whereas breach of warranties entitles you to seek damages. The terms may be express
(orally or in writing) or implied (they come from the law). The subject-matter must be legal and possible. At last, the parties
must have legal capacity.
The contract may be oral or written, unilateral or bilateral (depends on the number of promises made), executory (not
performed yet) or executed (already fulfilled) and valid/invalid or voidable (may be later confirmed or avoided by an adult).
The contract may be null and void due to stating untrue facts, misrepresentation, mistake or duress.
REMEDIES AND DISCHARGE OF CONTRACT
The end of life of a contract is called termination or discharge. The contract may be discharged by fulfilment or by breach of
contract. In this case, the injured party is entitled to remedy, for example damages, specific performance or injunction. The
parties may also agree on a certain amount of money, which will be paid in case of breach. This is called liquidated damages.
The contract may also be discharged by agreement or a waiver (parties waived their rights). The parties may agree on accord
and satisfaction (one party cannot fulfil and offers some other substitute) or on a replacement of a party (a novation). The
contract can be discharged by frustration (due to unforeseeable events). The clause covering this possibility is called Force
Majeure (or Vis Major or Act of God).