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Elements of a Valid Contract

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Consideration

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Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances.

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Mutuality of Obligation

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Both parties to a contract must be bound to perform their obligations or the law will treat the agreement as neither may be bound.

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Formalities

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Certain types of contracts must be in writing or must conform to specific formalities as the law may require.

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Legal Consent

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All parties must agree to the terms of the contract willingly and without any form of duress, undue influence, misrepresentation, fraud, or mistake.

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Certainty and Possibility of Performance

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The terms of the contract must be clear enough that the parties understand what is expected, and the performance must be possible and not inherently impossible.

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Legality of Purpose

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The contract's purpose must not be criminal, tortious, or otherwise against public policy.

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Acceptance

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An unqualified expression of assent to the terms of an offer made by the offeree in a manner requested or authorized by the offeror, thereby creating a binding contract.

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Competency and Capacity

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The parties entering into the contract must have the legal capacity to do so, meaning they are of age and have the mental capacity to understand the contract's nature.

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Offer

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A definite proposal or promise made by one party (the offeror) to another (the offeree) indicating a willingness to enter into a contract on certain specified terms.

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Intention to Create Legal Relations

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The parties must intend that the agreement creates legally enforceable obligations.

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