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Posted: May 11th, 2022
Assignment
A contract that is enforceable is a legally-binding agreement between 2 parties, and as such, both parties are expected to fulfill the contract terms. As a business owner, I can ensure that my contracts meet all requirements of a valid contract to make them enforceable. To begin with, the contracts must have an offer that has the following components: a communication that points out the individual to whom the offer is made, a statement of intent, and an explicit proposal that is certain in its terms (Walston-Dunham, 2018). The contracts must also have acceptance, and there must be evidence of acceptance to the offer terms in form of writing.
Another provision pertains to consideration. This entails exchanging some value for the contract to be legally binding. Consideration may be in the form of money. Intention must also be demonstrated in my contracts. For this reason, it must be clear that the parties that entered into a contract intended to enter into it, and are fully aware of the consequences associated with violating the terms of the contract (Helewitz, 2010). The other provision pertains to the subject matter. As such, the subject matter of the contract must also be legal.
If Lambert had ensured that their contract met all the provisions of the contract as described above, then he might have won the case against Baron. Even though he had made an offer to Baron to provide him with consultation services, he did not make sure that acceptance occurred. Therefore, it was difficult to determine if Baron had accepted the terms and conditions Lambert had presented or it was just the case of a friend accepting the help of another friend. In my opinion, Lambert should have demonstrated his acceptance in form of writing.
References
Helewitz, J. A. (2010). Basic contract law for paralegals. Aspen Publishers Online.
Walston-Dunham, B. (2018). Introduction to law. Cengage Learning.
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