Contract

Legal Definition and Related Resources of Contract

Meaning of Contract

A deliberate engagement between competent parties upon a legal consideration to do or abstain from doing some act. It is essential to the creation of a contract that the parties shall have intended that their agreement shall have legal consequences and be legally enforceable. The essential elements of a contract are; 1. an offer and an acceptance thereof; 2. the capacity of parties to contract; 3. consideration to support the contract; and 4. a mutual identity of consent or consensus ad idem. Contracts can be divided into two categories, namely : 1. express contracts, that is, contracts which are stated orally or in writing ; and 2. implied contracts, that is, contracts that are not expressed but which are implied by the conduct of other parties which indicates that they were proceeding on the basis of some legal relationship. Implied contracts are to be distinguished from contracts which are implied in law. there are times when the law implies or imposes a contractual relationship on parties independently of any agreement between them. These arise in cases where an obligation is created by law for the purpose of setting the parties right and are also sometimes known as constructive contracts. The basis for an action for money had and received , an action for moneys paid under mistake of fact, etc., are actions based upon constructive contracts. Contracts are also divided into t.r.e. categories, depending on the mode of their formation, namely: 1. simple or parol contracts; 2. contracts under seal; and 3. contracts of record . A contract under seal is created by the execution of a deed binding the party executing it to a further act of forbearance and derives legal effect solely from the formality of sealing and delivery . A contract of record differs from the ordinary conception of a contract in that the liability is not one voluntarily assumed by the parties but imposed upon them ab extra. These are such transactions as judgments and orders entered on the records of certain courts, and are conclusive proof of the facts thereby appearing. Contracts may also be classified into executed contracts and those that are executory. An executed contract is one where both parties have performed their obligations. An executory contract is where, although one party has performed his obligations, something remains to be done by the other party. Sometimes a continuing contract may be referred to as an executory contract in that both parties have corresponding obligations to fulfil at several stages of the contract. A contract whereby one party agrees to build a building and the other party agrees to pay certain sums of money during various stages of the contract would be, until completion of the building and full payment , a continuing one.

Contract Alternative Definition

(Lat. contractus, from con, with, and traho, to draw). An agreement between two or more parties to do or not do a particular thing. Marshall, C. J., 4 Pet. (U.S.) 420, 572. An agreement in which a party undertakes to do or not to do a particular thing. Marshall, C. J. 4 Wheat. (U.S.) 197. An agreement between two or more parties for the doing or not doing of some specified thing. 1 Pars. Cent. 5, It has been variously defined as follows: A compact between two or more parties. 6 Cranch (U.S.) 87, 136. An agreement or covenant between two or more persons, in which each party binds himself to do or forbear some act, and each acquires a right to what the other promises. Enc. Amer.; Webster. A contract or agreement is where a promise is made on one side and assented to on the other; or where two or more persons enter into an engagement with each other by a promise on either side. 2 Steph. Comra. 108, 109. An agreement upon sufficient consideration to do or not to do a particular thing. 2 Bl. Comm. 446; 2 Kent, Comm. 449, A covenant or agreement between two parties with a lawful consideration or cause West. Symb. lib. 1, § 10; Cowell; Blount. A deliberate engagement between competent parties upon a legal consideration to do or to abstain from domg some act. Story, Cont. § 1. A mutual promise upon lawful consideration or cause which binds the parties to a performance. The writing which contains the agreement of parties with the terms and conditions, and which serves as a proof of the obligation. The last is a distinct signification. 2 Hill (N. Y.) 551. We have not included consideration in our definition of contract, because it does not seem to be essential to a contract, although it is necessary to its enforcement. See Consideration. Mr. Stephen, whose definition of contract is given above, thus criticizes the definition of Blackstone, which has been adopted by Chancellor Kent and other high authorities : First, that the word agreement itself requires definition as much as contract; second, that the existence of a consideration, though essential to the validity of a parol contract, forms propperly no part of the idea; third, that the definition takes no sufficient notice of the mutuality which properly distinguishes a contract from a promise. 2 Steph. Comm. 109. The use of the word agreement (aggregatio mentium) seems to have the authority of the best writers in ancient and modem times (see above) as a part of the definition of contract. It is probably a translation of the civil law conventio (con and venio), a coming together, to which (being derived from ad and grego) it seems nearly equivalent. We do not think the objection that it is a synonym (or nearly so) a valid one. Some word of the kind is necessary as a basis of the definition. No two sjmonyms convey precisely the same idea. Most of them have minute distinctions, says Reid. If two are entirely equivalent, it will soon be determined by accident which shall remain in use, and which become obsolete. To one who has no knowledge of a language, it is impossible to define any abstract idea; but to one who understands a language, an abstraction is defined by a synonym properly qualified. By pointing out distinctions and the mutual relations between synonyms, the object of definition is answered. Hence we do not thing Blackstone’s definition open to the first objection. As to the idea of consideration, Mr. Stephens seems correct, and to have the authority of some of the first legal minds of modern times. Consideration, however, may be necessary to enforce a contract, though not essential to the idea. Even in that class of contracts (by specialty) in which no consideration is in fact required, one is always presumed by law; the form of the instrument being held to import a consideration. 2 Kent, Comm. 450, note. A contract without consideration is called a nudum pactum (nude pact) , but it is still a pactum, and this implies that consideration is not an essential. The third objection of Mr. Stephen to the definition of Blackstone does not seem one to which it is fairly obnoxious. There is an idea of mutuality in con and traho, to draw together, but we think that mutuality is implied in agreement as well. An aggregatio mentium seems impossible without mutuality. Blackstone, in his analysis, appears to have regarded agreement as implying mutuality; for he defines it (2 Bl. Comm. 442) : A mutual bargain or convention. In our definition, however, all ambiguity is avoided by the use of the words betyreen two or more parties following agreement. In its widest sense, contract includes records and specialties; but this use as a general term for all sorts of obligations, though of too great authority to be now doubted, seems to be an undue extension of the propet meaning of the term, which is much more nearly equivalent to agreement, which is never applied to specialties. Mutuality is of the very essence of both, not only mutuality of assent, but of act. As expressed by Lord Coke, actus contra actum. 2 Coke, 15; 7 Man. & G. 998, argument, and note. This is illustrated in contracts of sale, bailment, hire, as well as partnership and marriage; and no other engagements but those with this kind of mutuality would seem properly to come under the head of contracts. In a bond there is none of this mutuality, no act to be done by the obligee to make the instrument binding. In a judgment there is no mutuality either of act or of assent. It is judicium redditum in invitum. It may properly be denied to be a contract, though Blackstone insists that one is implied. Per Mansfield, 3 Burrows, 1545; 1 Cow. (N. Y.) 316; per Story, J., 1 Mason (U.S.) 288. Mr. Chitty uses obligation as an alternative word of description when speaking of bonds and judgments. Chit. Cont. 2, 4. An act of legislature may be a contract. So may a legislative grant with exemption from taxes. 5 Ohio St. 361. So a charter is a contract between a state and a corporation, within the meaning of the constitution of the United States (article 1, § 10, cl. 1). 27 Miss. 417. See Obligation of Contracts.
(1) Accessory contracts are those made for assuring the performance of a prior contract, either by the same parties or by others, such as suretyship, mortgage, and pledges. Civ. Code La. art. 1764; Poth. Obi. pt. 1, c. 1, § 1; art. 2, note 14.
(2) Contracts of beneficence are those by which only one of the contracting parties is benefited; as loans, deposit, and mandate. Civ. Code La. art. 1767.
(3) Certain contracts are those in which the thing to be done is supposed to depend on the will of the party, or when, in the usual course of events, it must happen in the manner stipulated.
(4) Commutative contracts are those in which what is done, given, or promised by one party is considered as an equivalent to or in consideration of what is done, given, or promised by the other. Civ. Code La. art. 1761.
(5) Gratuitous contracts are those of which the object is the benefit of the person with whom it is made, without any profit or advantage received or promised as a consideration for it. It is not, however, the less gratuitous if it proceed either from gratitude for a benefit before received, or from the hope of receiving one hereafter, although such benefit be of a pecuniary nature. Civ. Code La..§ 1766.
(6) Hazardous contracts are those in which the performance of that which is one of its objects depends on an uncertain event. Civ. Code La. art. 1769.
(7) Consensual contracts are those which are formed by mere consent of the parties, such as all contracts of hiring and mandate.
(8) Executed contracts are those in which nothing remains to be done by either party and where the transaction has been completed, or was completed at the time the contract or agreement was made; as where an article is sold and delivered, and payment therefor is made on the spot.
(9) Executory contracts are those in which some act remains to be done; as when an agreement is made to build a house in six months, to do an act before some future day, to lend money upon a certain interest payable at a future time, A contract executed (which differs in nothing from a grant) conveys a chose in possession; a contract executory conveys a chose in action. 2 Bl. Comm. 443. As to the importance of grants considered as contracts, see Obligation of Contracts.
(10) Express contracts are those in which the terms of the contract or agreement are openly and fully uttered and avowed at the time of making; as, to pay a stated price for certain specified goods; to deliver an ox, etc. 2 Bl. Comm. 443.
(11) Implied contracts are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform. Thus, if I employ a person to do any business for me or perform any work, or take up wares with a tradesman, the law implies that I understood or contracted to pay the real value of the services or wares. 2 Bl. Comm. 443. These contracts form the web and woof of actual life. 1 Pars. Cont. 4. There is one species of implied contract which runs through and is annexed to all other contracts, conditions, and covenants, viz., that if I fail in my part of the agreement, I shall pay the other party such damages as he has sustained by my neglect or refusal. See Quantum Meruit; Quantum Valebat; Assumpsit; Comyn, Dig. Action upon the Case upon Assumpsit (A 1) ; Agreement.
(12) Independent contracts are those in which the mutual acts or promises have no relation to each other either as equivalents or as considerations. Civ. Code La. art. 1762.
(13) Mixed contracts are those by which one of the parties confers a benefit on the other, receiving something of inferior value in return, such as a donation subject to a charge.
(14) Contracts of mutual interest are such as are entered into for the reciprocal interest and utility of each of the parties; as sales, exchange, partnership, and the like.
(15) Entire contracts kre. those whose consideration is entire; divisible if the consideration is apportioned, or if an apportionment may be implied by law as to each item to be performed. 40 Cal. 251.
(16) Severable (or separable) contracts are those the considerations of which are by their terms susceptible of apportionment or division on either side, so as to correspond to the several parts or portions of the consideration on the other side. A contract to pay a person the worth of his services as long as he will do certain work, or so much per week as long as he shall work, or to give a certain price per bushel for every bushel of so much corn as corresponds to a sample, would be a severable contract. If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed, or is left to be implied by law, such a contract will generally be held to be severable. So when the price to be paid is clearly and distinctly apportioned to different parts of what is to be performed, although the latter is in its nature single and entire. But the mere fact of sale by weight or measure i. e., so much per pound or bushel does not make a contract severable.
(17) Simple contracts are those not of specialty or record. They are the lowest class of express contracts, and answer most nearly to our general definition of contract. To constitute a sufiScient parol agreement to be binding in law, there must be that reciprocal and mutual assent which is necessary to all contracts. They are by parol, which includes both oral and written. The only distinction between oral and written contracts is in their mode of proof. And it is inaccurate to distinguish verbal from Written; for contracts are equally verbal whether the words are written or spoken, the meaning of verbal being, expressed in words. See 3 Burrows, 1670; 7 Term R. 350, note; 11 Mass. 27, 30; 5 Mass. 299, 301; 7 Conn. 57; 1 Caines (N. Y.) 386.
(18) Specialties are those which are under seal, as deeds and bonds. Specialties are sometimes said to include also contracts of record (1 Pars. Cont. 7), in which case there would be but two classes at common law, viz., specialties and simple contracts. The term specialty is always used substantively. They are the second kind of express contracts, under the ordinary common-law division. They are not merely written, but signed, sealed, and delivered by the party bound. The solemnities connected with these acts, and the formalities of witnessing, gave in early times an importance and character to this class of contracts which implied so much caution and deliberation (consideration) that it was unnecessary to prove the consideration even in a court of equity. Plowd. 305; 7 Term R. 477; 4 Barn. & Adol. 652; 3 Bing. Ill; 1 Fonbl. Eq. 342, note. Though little of the real solemnity now remains, except witnessing, and a scroll is substituted in most of the states for the seal, the distinction with regard to specialties has still been preserved intact. See Consideration. When a contract by specialty is changed by a parol agreement, the whole contract becomes parol. 2 Watts (Pa.) 451; 9 Pick. (Mass.) 298; 13 Wend. (N. Y.) 71.
(19) Unilateral contracts are those in which the party to whom the engagement is made makes no express agreement on his part. They are so called even in cases where the law attaches certain obligations to his acceptance. Civ. Code La. art. 1758. A loan for use and a loan of money are of this kind. Poth. Obi. pt. 1, c. 1, § 1, art. 2.
(20) Onerous contracts are those in which something is given or promised as a consideration for the engagement or gift, or some service, interest, or condition is imposed on what is given or promised, although unequal to it in value.
(21) Principal contracts are those entered into by both parties on their own accounts, or in the several qualities or characters they assume.
(22) Real contracts are those in which it is necessary that there should be something more than mere consent, such as a loan of money, deposit, or pledge, which, from their nature, require a delivery of the thing (res).
(23) Reciprocal contracts are those by which the parties expressly enter into mutual engagements, such as sale, hire, and the like.
(24) Contracts of record are those which are evidenced by matter of record, such as judgments, recognizances, and statutes staple. These are the highest class of contracts. Statutes merchant and staple, and other securities of the like nature, are confined to England. They are contracts entered into by the intervention of some public authority, and are witnessed by the highest kind of evidence, viz., matter of record. 4 Bl. Comm. 465.
(25) Verbal contracts are simple contracts.
(26) Written contracts are those evidenced by writing. In the Civil Law. Pothier’s treatise on Obligations, taken in connection with the Civil Code of Louisiana, gives an idea of the divisions of the civil law. Poth. Obi. pt. 1, c. 1, § 1, art. 2, makes the five following classes: Reciprocal and unilateral; consensual and real; those of mutual interest, of beneficence and mixed: principal and accessory; those which are subjected by the civil law to certain rules and forms, and those which are regulated by mere natural justice. It is true that almost all the rights of personal property do in great measure depend upon contracts of one kind or other, or at least might be reduced under some of them, which is vthe method taken by the civil law. It has referred the greatest part of the duties and rights of which it treats to the head of obligations ex contractu or quasi ex contractu. Inst. 3. 14. 2; 2 BL Comm. 443.

Financial Definition of Contract

A term of reference describing a unit of trading for a financial or commodity future. Also, the actual bilateral agreement between the buyer and seller of a transaction as defined by an exchange.

Synonyms of Contract

noun

  • accord
  • accordance
  • agreement
  • arrangement
  • articles of agreement
  • assurance
  • avouchment
  • avowal
  • bargain
  • binding agreement
  • bond
  • charter
  • collective agreement
  • commitment
  • compact
  • compromise
  • concordat
  • condicio
  • conductio
  • confirmation
  • conventio
  • covenant
  • deal
  • embodied terms
  • engagement
  • entente
  • guarantee
  • instrument evidencing an agreement
  • ironclad agreement
  • legal document
  • mutual agreement
  • mutual pledge
  • mutual promise
  • mutual undertaking
  • negotiated agreement
  • obligation
  • pact
  • paction
  • pactum
  • pledge
  • pledged word
  • private understanding
  • promise
  • ratified agreement
  • set terms
  • settlement
  • stated terms
  • stipulation
  • terms for agreement
  • understanding
  • undertaking
  • warranty
  • written terms
  • Associated Concepts: acceptance of a contract
  • accessory contract
  • action on contract
  • adhesion contract
  • aleatory contract
  • alteration of a contract
  • alternative contract
  • anticipatory breach of contract
  • assent to a contract
  • assignment of a contract
  • bilateral contract
  • breach of a contract
  • breach of contract
  • cancellation of a contract
  • claim arising on contract
  • collateral contract
  • collective agreement
  • concurrent contracts
  • conditional acceptance of a contract
  • conditional agreement
  • conditional contract
  • consideration in a contract
  • constructive contract
  • contingency contract
  • continuing contract
  • contract action
  • contract carrier
  • contract for an option
  • contract implied in fact
  • contract obligation
  • contract of agency
  • contract of carriage
  • contract of guaranty
  • contract of hire or hiring
  • contract of indemnity
  • contract of insurance
  • contract of record
  • contract of sale
  • contract ofsubscriptionforstock
  • contract ofsubscriptionforstock
  • contract of suretyship
  • contract price
  • contract rights
  • contract to lease
  • contract to purchase
  • contract to sell
  • contracting out work
  • consideration in a contract
  • constructive contract
  • contingency contract
  • continuing contract
  • contract action
  • contract carrier
  • contract for an option
  • contract implied in fact
  • contract obligation
  • contract of agency
  • contract of carriage
  • contract of employment
  • contract of guaranty
  • contract of hire or hiring
  • contract of indemnity
  • contract of insurance
  • contract of record
  • contract of sale
  • contract ofsubscriptionforstock
  • contract of suretyship
  • contract price
  • contract rights
  • contract to lease
  • contract to purchase
  • contract to sell
  • contracting out work
  • de facto contract
  • divisible contract
  • endowment contract
  • enforceable contract
  • exclusive contract
  • executed contract
  • executory contract
  • express contract
  • fictitious contract
  • fiduciary contract
  • formal contract
  • fraudulent contract
  • future contract
  • general contract
  • government contract
  • gratuitous contract
  • guaranty contract
  • illegal contract
  • illusory contract
  • immoral contract
  • impairing the obligation of contract
  • implied contract
  • indivisible contract
  • inequitable contract
  • installment contract
  • material alteration of contract
  • material breach of contract
  • obligation of contract
  • optional contracts
  • oral contract
  • parol agreement
  • parties to a contract
  • passive breach of contract
  • performance of a contract
  • preexisting contracts
  • private contract
  • privity of contract
  • public contract
  • quasi contract
  • reformation of a contract
  • release from a contract
  • renunciation of a contract
  • repudiation of a contract
  • requirements contract
  • rescission of a contract
  • restitution on a contract
  • revival of a contract
  • severable contract
  • specialty contract
  • subcontract
  • surety contract
  • thirdparty beneficiary contract
  • unconditional contract
  • unconscionable contract
  • unenforceable contract
  • unilateral contract
  • unlawful contract
  • valid contract
  • verbal contract
  • void contract
  • written contract y to the laws or against good morals
  • have no force in law
  • foreign PHRASES: Interest reipublicae quod homines conserventur
  • It is in the interest of the state that men be preserved
  • The agreement of parties controls the law
  • Contractus ex turpi causa
  • vel contra bonos mores
  • nullus est
  • A contract founded on a base consideration
  • et parit actionem
  • A naked contract is where there is no consideration for the agreement; but
  • where there is a consideration
  • an obligation is created and gives rise to a right of action
  • Modus et conventio vincunt legem
  • Custom
  • convention and an agreement of the parties overrule the law
  • Conventio facit legem
  • An agreement creates the law
  • i
  • e
  • the parties to a binding contract will be held to their promises
  • Ex nudo pacto non oritur actio
  • No action arises on a contract without a consideration
  • Contractus legem ex convention accipiunt
  • Contracts receive legal sanction fromtheagreementoftheparties
  • Naturale est quidlibet dissolvi eo modo quo ligatur
  • It is natural for a thing to be unbound in the same way in which it was made binding
  • Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo ligatum est
  • Nothing is so agreeable to natural equity as that a thing should be dissolved by the same means by which it was bound
  • In conventionibus
  • contrahentium voluntas potius quam verba spectari placuit
  • Ex pacto illicito non oritur actio
  • From an unlawful agreement
  • no action will lie
  • In contrahenda venditione
  • ambiguum pactum contra venditorem interpretandum est
  • In the negotiation of a sale
  • an ambiguous agreement is to be interpreted against the seller
  • In contractibus
  • rei veritas potius quam scriptura perspici debet
  • In contracts
  • the truth of the matter ougnt to be regarded as more important than the writing
  • In contractibus
  • tacite insunt quae sunt moris et consuetudinis
  • In contracts
  • matters of custom and usage are tacitly implied
  • Incerta quantitas vitiat actum
  • An uncertain quantity vitiates the act
  • Legem enim contractus dat
  • The contract makes the law
  • Nuda pactio obligationem non parit
  • A naked promise does not create a binding obligation
  • Eisdem modis dissolvitur obligatio quae nascitur ex contractu
  • is dissolved in the same ways in which it is contracted

verb

  • accept an offer
  • agree
  • contrahere
  • covenant
  • engage
  • enter into
  • locare
  • make a bargain
  • make terms
  • obligate oneself
  • pledge
  • promise
  • undertake
  • undertake by contract

Related Entries of Contract in the Encyclopedia of Law Project

Browse or run a search for Contract in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Contract in Historical Law

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Legal Abbreviations and Acronyms

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Related Legal Terms

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Mentioned in these terms

Acceleration, Acceptance, Action, Adhesion Contract, Adopt, Affirm, Affreightment, Agency, Agent, Agreement, , Antenuptial, Arising Out Of And In The Course Of Employment, Assignment Of Contract, Assumpsit, Bailment, Bargain, , Bilateral Contract, Bill Of Lading, Boarder, , C.i.f., C.o.d., Capacity, Carrier, Charter Party, Chattel Mortgage, Chose, Clear And Convincing, Closed Transaction, Closing, Collateral, Collateral Security, Commercial Frustration, Commercial Impracticability, Commission, Compact, Composition, Condition Subsequent, Conditional Sale, Consent Judgment, Consideration, Construct, Construction, Constructive Contract, Contract Of Adhesion, Contribution, , Coupons, Covenant, Damages, Del Credere, Demurrage, , Deposit, Determination, Deviation, Discharge, Dissolution, Divisible, Duress, Easement, Engagement, Entire Contract, Equitable Adoption, Equitable Conversion, Escalator Clause, Essence, Exemption Clause, Exoneration, Extend, Extrinsic Evidence, F.a.s., F.o.b., Facility Of Payment Clause, Forfeiture, Franchise, Fraud In Execution, Frustration, Fungibles, General Letter Of Credit, Guarantee, Garranty, Guaranty, , Illegal Contract, Immoral Contract, Imperfect Mortgage, Implied Contract, Implied Terms, Import, Impossibility, Incompetent, Indemnity, Indenture, Independent Contractor, Innocent Purchaser, Insurance, Joint Contract, Labor Agreement, Lease, Letter Of Intent, Life Insurance, Liquidated Damages, Listing, Marketable Title, Marksman, Material Fact, Measure Of Damages, Memorandum, Merger, Middle Man, , Mitigation Of Damages, Money Had And Received, Moratory Interest, , Mutual Mistake, Mutuality, Non-branded Independent Market, Novation, Obligation, Offer, On Approval, Sale, Open Contract, Parties, Partner, Partnership, Penalty, Personal Action, Policy Of Insurance, Privies, Privity, Public Policy, Quasi Corporation, Quasi-contract, Ready, Real Action, Reinsurance, Release, Repossession, Representation, Repudiate, Repurchase Agreement, Rescind, Rescission, Restraint Of Marriage, Restraint Of Trade, Right, Salary, Sale Of Goods, Sale On Condition, Salvage, Salvage Service, , Separation Agreement, Severance Pay, Short Sale, Signatory, , Socida, Special Indorsement, Specialty, Specific Goods, Specific Performance, Statutory Bond, Stipulation, Subrogation, Subscription, Surprise, Things In Action, Third Party Beneficiary, Third Party Beneficiary Contract, Ticket, , , Transaction, Treaty.

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See Also

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  • Further Reading

    Balz, Dan, and Ronald Brownstein. Storming the Gates: Protest Politics and the Republican Revival. Boston: Little, Brown and Company, 1996.

    Richard M.Flanagan

    contract

    Resources

    Legal English Vocabulary: Contract in Spanish

    Online translation of the English legal term contract into Spanish: contrato (English to Spanish translation) . More about legal dictionary from english to spanish online.

    Related to the Legal Thesaurus

    Resources

    See Also

  • Law Dictionaries.
  • Further Reading

    See studies by E. J. Murphy and R. E. Speidel (1984); H. Collins (1986); R. B. Summers and R. A. Hillman (1987); P. S. Atiyah (1988).

    Contract in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of contract.

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    See Also

    • Law Enforcement Officer
    • Policeman
    • Law Enforcement Agency

    Further Reading

    English Legal System: Contract

    In the context of the English law, A Dictionary of Law provides the following legal concept of Contract :

    A legally binding agreement. Agreement arises as a result of *offer and *acceptance, but a number of other requirements must be satisfied for an agreement to be legally binding. (1) There must be *consideration (unless the contract is by deed). (2) The parties must have an intention to create legal relations. This requirement usually operates to prevent a purely domestic or social agreement from constituting a contract (See also honour clause). (3) The parties must have *capacity to contract. (4) The agreement must comply with any formal legal requirements. In general, no particular formality is required for the creation of a valid contract. It may be oral, written, partly oral and partly written, or even implied from conduct. Certain transactions are, however, valid only if effected by deed (e.g. transfers of shares in British ships) or in writing (e.g. promissory notes, contracts for the sale of interests in land, and guarantees that can at law only be enforced if evidenced in writing). (5) The agreement must be legal (See illegal contract). (6) The agreement must not be rendered void either by some common-law or statutory rule or by some inherent defect, such as operative mistake (See void contract). Certain contracts, though valid, may be liable to be set aside by one of the parties on such grounds as misrepresentation or the exercise of undue influence (See voidable contract).

    (noun) a formal agreement, usually in writing, between two or more parties

    Contract Definition (in the Accounting Vocabulary)

    The New York State Society of Certified Public Accountants offers the following definition of Contract in a way that is easy for anybody to understand: In general, agreement by which rights or acts are exchanged for lawful consideration.

    Contract Meaning in the U.S. Court System

    An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

    Meaning of Contract in the U.S. Legal System

    Definition of Contract published by the National Association for Court Management: A legally enforceable agreement between two or more competent parties made either orally or in writing. Contributory Negligence: A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant’s negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence.

    Concept of Contract in the context of Real Property

    A short definition of Contract: A legally enforceable promise or agreement consisting of offer, acceptance and consideration or a legally acceptable consideration substitute.

    Concept of Contract in the context of Real Property

    A short definition of Contract: A legally enforceable promise or agreement consisting of offer, acceptance and consideration or a legally acceptable consideration substitute.

    Contract

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    See Also

    • Legal System
    • Judiciary
    • Justice

    Hierarchical Display of Contract

    Law > Civil law > Civil law
    Trade > Trade policy > Commercial law
    Finance > Insurance > Insurance > Insurance contract
    Employment And Working Conditions > Personnel management and staff remuneration > Personnel administration > Work contract
    European Union > European construction > European Union > Area of freedom, security and justice > Judicial cooperation in civil matters in the EU
    Trade > Trade policy > Commercial law > Commercial contract
    Transport > Organisation of transport > Organisation of transport > Contract of carriage
    Politics > Executive power and public service > Administrative law > Administrative contract
    Trade > Consumption > Consumer > Consumer protection > Consumer law

    Meaning of Contract

    Overview and more information about Contract

    For a more comprehensive understanding of Contract, see in the general part of the online platform.[rtbs name=”xxx-xxx”]

    Resources

    Translation of Contract

    Thesaurus of Contract

    Law > Civil law > Civil law > Contract
    Trade > Trade policy > Commercial law > Contract
    Finance > Insurance > Insurance > Insurance contract > Contract
    Employment And Working Conditions > Personnel management and staff remuneration > Personnel administration > Work contract > Contract
    European Union > European construction > European Union > Area of freedom, security and justice > Judicial cooperation in civil matters in the EU > Contract
    Trade > Trade policy > Commercial law > Commercial contract > Contract
    Transport > Organisation of transport > Organisation of transport > Contract of carriage > Contract
    Politics > Executive power and public service > Administrative law > Administrative contract > Contract
    Trade > Consumption > Consumer > Consumer protection > Consumer law > Contract

    See also

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