Quiz 10: Criminal Law and Cyber Crime
Occurrence of Contracts and Classification of its Categories For the formation of the valid contract, following are the requirements that need to be fulfilled: a. Agreement: There must be the offer by one party to form a contract and to that offer there must be an acceptance by other party. b. Consideration: Any promise made by the party to perform the contract must have to pay some valid consideration. c. Capacity: Both parties must have the capacity to enter into the contract. d. Legality: The goal which has to be accomplished through must be legal. In this case, there is a contract between M and McC as there is an offer by McC by waving the candy and the candy costs $1, which he usually pays. Thus it means that both parties are competent to the contract and it is legal. The contract they formed is an implied contract. Implied contract is formed through the conduct of the parties. It has three essential criterions to fulfill. Firstly, there must be services provided by one party, that party has expected that compensation for that services must be paid and other party did not reject those services. Similarly, in this case, McC has taken services from M and M was expected to receive money for the candy and McC did not reject the services. Thus it is forming an implied contract in this case.
An enforceable contract is a contract which is valid by the court. Any contract which is either made verbally or written must include specific element in order to make it legally enforceable in a court. If any of the elements is missing from the contract, then it will not be enforceable. A valid contract has four requirements. They must consist of offer, acceptance, consideration and intention of legal consequences. These are explained as below: • Offer • It is an act to do something or to pay an amount, if accepted, forms a valid contract. • To make an offer, there should be at least two parties or even more who can legally enter into a contract. • It is important to specify the deadline for the acceptance of offer in order to avoid potential dispute between the parties or cancellation. • An offer cannot take silence as a form of acceptance from the other party. • Acceptance • After the offer is made, there should be acceptance from the other party or parties to make it a valid contract. • The party accept the offer if they are clear with the rules and regulation. • If the parties are still under the negotiation process and there is no acceptance till now to the offer, then it is still not a contract. • If a person to whom the offer is made has accepted only some of the terms or proposes some of the new terms, then it is the counter-offer that is made by the other party and is still not a valid contract. • Consideration • This forms the important part of the contract which consist of value such as money, payment or the cost of the promises of performance agreed to in a contract. • A valid contract will have consideration part for both the parties, where one party promises to do something in return for a promise from the other party to provide some benefit. • Intention of legal consequences • A contract is valid, if the parties agree to enter into a contract legally and are aware that the agreement can be enforced by law. • Sometimes the document may contain the words "subject to contract" or "without prejudice" which indicates that the things that are written are legal in nature. Hence, these are some of the requirements of a valid contract.
The contract between J and the nursing service is what is called a "quasi-contract." A quasi-contract is a type of fictional contract to prevent individuals from unjustly receiving a benefit without consideration for it. This quasi-contract would allow the nursing service to recover from J for the emergency services because the nursing service rendered them with the intent to be paid and did not act officiously. Because J was aware of the in-home services and allowed the treatment without rejecting the offer, her conduct implies acceptance of the offer for help. Thus, a contract for the in-home services was formed through conduct and J will have to pay the nursing service.