- 8 Marks
Question
Under the law of contract, invalid contracts are unenforceable.
Required:
i. State FOUR essential elements of a valid contract. (4 Marks)
ii. State FOUR rules guiding consideration in a contract. (4 Marks)
Answer
i. Essential Elements of a Valid Contract:
- Offer: A clear proposal made by one party to another intending to create a legal obligation upon acceptance.
- Acceptance: The unqualified agreement to the terms of the offer, creating a binding contract.
- Consideration: Something of value exchanged between the parties, which can be in the form of money, services, or goods.
- Legal Capacity: Both parties must have the legal ability to enter into a contract, meaning they are of sound mind, not minors, and not disqualified from contracting by law.
ii. Rules Guiding Consideration in a Contract:
- Consideration Must Move from the Promisee: The party who is entitled to enforce the contract must provide consideration.
- Consideration Must Be Sufficient but Need Not Be Adequate: The law does not require the consideration to match in value, but it must have some value.
- Consideration Must Not Be Illegal or Immoral: Any consideration that involves illegal activities or violates public policy is unenforceable.
- Consideration Must Be Definite: The terms of the consideration must be clear and not vague or ambiguous.
- Tags: Contract Law, Legal Principles, Validity
- Level: Level 1
- Topic: Contract Law
- Series: MAY 2023
- Uploader: Theophilus