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  • Essay / Essential Elements and Essential Elements of a Valid Contract

    WLCBMS Group C Guidance on: a) Has a valid contract? Are the essential elements required to form a valid contract present and are these elements important when forming the contract? (1.1) Simply said! This is a valid contract, but it is an express (verbal/phone call) contract in nature. Not all validities are satisfactory according to the requirements of the law. Obviously, all of these elements must be required to be met to form a contract. Absolutely essential elements are required and important to form a valid contract. Here are some essential elements of a valid contract: 1 Offer and acceptance: There must be a legal offer and legal acceptance from both parties2 Legal obligation: means that the parties must be legally bound after this contract3 Legal consideration: as certain advantages for the other party. An agreement is enforced only when both parties get and give something4 Capacity of parties: Both parties must be competent to bind each other for a valid contract, as at least from the age of maturity, not from of sound mind, must be related parties5 Free consent: Both parties must agree to the same thing at the same time. For a contract to be valid, the free consent of both parties must be necessary.6 Lawful object: The object of the contract must be legal, lawful, not based on fraud or misrepresentation.7 Drafting and registration: A contract , explicit or implicit, can be oral or written. It is best if the contract is in writing because it is easy to prove in court. It is a requirement of law that all details of the contract must be in writing, on legal paper (such as an affidavit on stamped paper), signed and stamped by both parties, attested and recorded, etc. , complete and certain. If the t...... middle of paper ...... punishment for Kev and establishment of a rule and benchmark for a future time. Although all employees are equally known, the mistake is made on Kev's side and instead Lovely Birds Ltd takes care of all their medical expenses. And after that take legal action against them, so this is a good signal to all employees regarding the company rules and regulations. Conclusion: Here are some elements of vicarious liability. The employer has the responsibility to make decisions regarding selection, training, development, encouragement, hiring and firing, etc. of this type of employees who behave well and are not involved in ambiguous activities. The employer is responsible for the actions of employees against third parties. By improving the activities mentioned above, the employee must increase the effectiveness of vicarious liability and minimize the risk involved in vicarious liability through appropriate training and restrictions and maintain control over it..