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First and foremost, any contract must be lawful. Contracts to perform illegal or prohibited activities are illegal contracts.
In order for a contract to be valid, it must contain certain elements. According to Cheeseman, 2007, these necessary elements are “(1) consist of an agreement between the parties, (2) be supported by legally sufficient consideration, (3) be between parties with contractual capacity, and (4) accomplish a lawful object. Valid contracts are enforceable by at least one of the parties” (p. 204).
Agreement: is when two or more persons agree to the matter of a contract. An offer and acceptance are required.
Consideration: Many forms of consideration exist. Consideration is something of value given in exchange for a promise.
Contractual capacity: All parties to a contract must have contractual capacity. Minors, mentally incompetent persons, and intoxicated persons do not have contractual capacity.
Lawful object: The object of the contract must be legal. A contract to perform an illegal act is an illegal contract and unenforceable.
Cheeseman., H. R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (5th ed.). Upper Saddle River, NJ: Pearson Education, Inc.
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