The contract. This term encompasses, in its broader sense, any description of an agreement or obligation in which one party is bound to another to pay a sum of money or to make or refrain from performing a particular act; or a contract is an act that contains a perfect obligation. Strictly speaking, it is an agreement between two or more people that has something to do, with both parties being chased to each other or linked to each other. 1 pow. 6. Cont. Civ, Lo Code. Section 1754; Code Civ. 1101; Poth. It`s a duty.
Punkt. i.c. 1, 1, para. 1; Blackstone (2 comm. 442,) defines it as an agreement, if sufficient reflection is given to do or not to do a particular thing. A treaty has also been defined as a pact between two or more people. 6 Cranch, R. 136. 2. Contracts are subdivided into explicit or unspoken terms. An explicit contract is a contract by which the terms of the agreement are pronounced and professed openly at the time of manufacture to pay a declared price for certain products. 2 Bl.
Com. 443. 3. Express contracts are of three types 1. BI parol, or in writing, as counter-award-winning specialties. 2. Depending on the specialty or under closure. 3. Recording.
4.-1. A Parol contract is defined as an oral or voluntary agreement that is not entered into verbally or in writing in exchange for a good consideration between two or more persons who are able to charge, perform or abstain from performing a lawful act whose benefit is not set by law. 1 Com. Contr. 2 Chit. Contr. 2. 5. It is clear from this definition that this is a sufficient Parol agreement, the 1st The mutual or reciprocal consent of two or more persons responsible for the treaty.
Any agreement should be sufficiently secure and comprehensive to allow any party to take legal action; the agreement would be incomplete if one of the parties retained its agreement on one of its terms. Peake`s R. 227; 3 T. R. 653; 1 B. – A. 681 1 pick. A. 278. As a general rule, the agreement must be binding on both parties, or it does not involve either party. However, there are some exceptions to this rule, such as an infant contract.
He can still complain about his contract, even if he cannot be prosecuted. Stra. See other cases; 6 East, 307; 3 derision. 169; 5 derision. 788; 3 B. – C. 232. 6-2d.
There must be good thought, reason or incentive to make the commitment on which a party depends, because that is the essence of a contract under the seal and it must exist, although the contract must be reduced to the letter. 7 T. R. 350, note a); Two pieces. 444. See this dicta. Mr. Fonb. Tr. Eq.
335, n.a) Chit. Bills. 68. 7-3d. There must be something to be done that is not prohibited; or something that must be omitted, which is not required by law to perform. A fraudulent or immoral contract or a violation of public order is null and void. Cont. 215, 217, 222: and it is also not entitled if a law contradicts. Id. 228 to 250; 1 Binn. 118; 4 Dall.
298 4 Yeates, 24, 84; Six binn. 321; 4 Serg – Rawle, 159; 4 Dall. 269; 1 Binn. 110 2 Browne`s R. 48. For contracts that are non-agreeable, since the laws of fraud are not respected, see cases of fraud, status of the law. 8.-2. The second type of express contracts are specialties, or those that are done under secrecy, such as deeds, loans, etc. They are not only written, but transmitted by the party.