What is a contract?

A contract is a legally binding agreement between two parties. A contract is valid and enforceable if

the agreement contains sufficient evidence of the following elements:

  1. An offer and an acceptance;

  2. A common intention between the parties to create a binding legal agreement;

  3. The giving of ‘consideration’ for the promise;

  4. Legal capacity of the parties to act;

  5. Genuine consent of the parties; and

  6. Legality of the agreement.

An agreement that lacks one or more of these elements is not a valid contract.

What is a contract?

Chapter: 7.1: How contract law works

Contributor: Evelyn Tadros, Barrister

Current as of: 1 September 2024

Law Handbook Page: 604

Next Section: Must contracts be in writing?

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Must contracts be in writing?