Serivce Contracts_

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School

Grand Canyon University *

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Course

360

Subject

Arts Humanities

Date

Feb 20, 2024

Type

docx

Pages

5

Uploaded by GeneralMooseMaster948 on coursehero.com

1 Service Contracts Dillen Render Humanities and Social Sciences Dept.: Grand Canyon University GOV-360: Civil Law January 21, 2024 Professor Kathleen Sedille
2 Basic Elements Multiple fundamental components make up service contracts, including the provision and acceptance of services, consideration, qualified parties, agreement between parties, legitimacy of objective, and appropriate form ( Rocket Lawyer, n.d) . An offer and acceptance occurs when one party (the offeror) extends a proposal to another (the offeree) indicating their intention to enter into a contract. Parties must agree to one another to qualify for a contract to materialize. This indicates that both parties must continue to have a mutually understood or acknowledged understanding of the conditions and limitations established by the person making the offer and offeree; this is referred to as the "meeting of the minds." The pledge made by each party to a contract that requires them to give up anything valuable to which they have a legal right or to perform an act to which they have no legal obligation is known as consideration (Haeuber. C, 2023). Examples of these include a settlement between parties to perform an act or refrain from performing one, the exchange of promises between parties, or the payment of currency. Before entering into a contract, both sides must be capable, meaning they must be able to fully comprehend what they are getting into. This entails that participants be of legal age (18+) and exhibit a steady, everyday mindset upon entry. A legally binding agreement cannot be made if one or both parties suffer from mental illness, trauma, or impairment from drugs. Contracts should not break the law if their objective is legality of purpose, as the courts will not uphold their integrity. Finally, for a contract to be enforceable, it must have the correct form, which means that in some cases, written documentation is necessary. Depending on the terms of the agreement, both parties' signatures may also be required in order for the contract to be enforceable.
3 Potential Issues Numerous elements, including legal, preparation, motivation, and/or policy issues, might give birth to potential problems. Promissory estoppel has historically been used in contentious legal disputes involving precontractual agreements, a set of established standards for contract formation, and the idea that an offer to enter into a contract is reversible until accepted (Chen. J, 2019). When time goes on and a party's perspective on the exchange shifts, new opportunities may present themselves or they may learn new knowledge that is pertinent to the deal, there may be a planning issue. This could lead to a violation of the contract since it would require the establishment of new conditions or terms in order to maintain the effective activity of both parties, failing which the contract could be broken (Chen. J, 2019). Morality can be used to overcome motivation difficulties. For example, someone who has insurance against damages from an activity may overlook the actual social hazards involved, which may lead to some injustice towards a particular party. There is less motivation to avoid the problem because the offeree, not the offeror, may be compensated for any damages that are incurred. Regarding policy, the primary danger is opportunism, wherein one side may have more bargaining leverage than the other, providing them with an edge in overcoming the other when they are bound by their initial agreement. Valid Scenario On Saturday night, Liz and Steve have supper together. Steve works as a contractor, and Liz is a social worker. Steve offers that he would be happy to paint Liz's new backyard fence when she explains that she needs it painted. Liz tells him the dimensions of her fence, how big it is, when she wants it painted (two weeks from this Wednesday), and what kind of paint she wants to use (a black protective coat). Steve calculates that Liz will pay about $1,370 for the
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