Contracts involve promises on both sides where something of value is transferred between both parties subject to a clear and legitimate agreement. To prevent parties changing their minds when things turn against them, courts rely on evidence of what they mutually intend to be bound by law to do. Contract involve transferring things of value such as personal rights, property rights and promises of future obligations.

 

Contract law is quite probably the largest major heading in the case law system. It is a great deal larger than tort law and far larger than criminal law. What follows hereunder is only a thin cross-section of the total subject matter, but it is enough for the purposes of an investigator gathering circumstantial evidence. Furthermore, in spite of the importance of contract law to commerce of all kinds, the parties themselves will ordinarily hold most of the necessary evidence in a contract-related dispute. A lot of this is in the form of written contracts, logs, accounts, receipts, invoices, emails and order forms which are reflexively kept on hand by businesses. When these are not kept on hand much of the information is not of the kind a person will remember reliably. The reader may nevertheless find this information useful when they are acting on their own behalf.

 

What Makes a Valid Contract?

Contracts need certain ingredients to be legally valid and enforceableā€¦

1) Informed agreement as to terms on both sides

2) Facts identifiable as offer and acceptance.

3) An intention on both sides to be legally bound.

4) Certainty of terms.

 

A contract need NOT be in writing, or signed. You only need proof of the above 4 factors. A contract can be made verbally or impled by the ongoing relationship of the parties.

Contract Law

Written by Andrew Pingree. All copyright, 2014-2016 vests in Civilaco Pty Ltd.

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