Offer Offer An offer is a promise to act or refrain from acting, which is made in exchange for a return promise to do the same. Some offers anticipate not another promise being returned in exchange but the performance of an act or forbearance from taking action.
Although expressed to be in full of all demands, it is only prima facie evidence of what it purports to be and upon satisfactory proof being made that it was obtained by fraud, or given either under a mistake of facts or an ignorance of law, it may be inquired into and corrected in a court of law as well as in equity.
A receipt in full, given with a full knowledge of all the circumstances and in the absence of fraud, seems to be conclusive.
A receipt sometimes contains an acknowledgment of having received a thing, and also an agreement to do another.
It is only prima facie evidence as far as the receipt goes, but it cannot be contradicted by parol evidence in any part by which the party engages to perform a contract.
A bill of lading, for example, partakes of both these characters; it may be contradicted or explained as to the facts stated in the recital, as that the goods were in good order and well conditioned; but, in other respects, it cannot be contradicted in any other manner than a common written contract.
If a man by his receipt acknowledges that he has received money from an agent on account of his principal, and thereby accredits the agent with the principal to that amount, such receipt is, it seems, conclusive as to the payment by the agent. For example, the usual acknowledgment in a policy of insurance of the receipt of premium from the assured, is conclusive of the fact as between the underwriter and the assured; although such receipt would not be so between the underwriter and the broker.
And if an agent empowered to contract for sale, sell and convey land, enter into articles of agreement by which it is stipulated that the vendee shall clear, make improvements, pay the purchase money by installments, etc. A receipt on the back of a bill of exchange is prima facie evidence of payment by the acceptor.
The giving of a receipt does not exclude parol evidence of payment.
|Example of a Crime That Has Only Three Elements||Law Dismissal from military service One of the most important elements of military service is dismissal. It should be noted that although dismissal from military service is not an end to military service, a soldier can not be excluded from the list of military personnel until he is discharged from military service in due course.|
In Pennsylvania it has been holden that a receipt, not under seal, to one of several joint debtors, for his proportion of the debt, discharges the rest. But in New York a contrary rule has been adopted.Generally, a contract does not need to be in writing, and in many cases, an oral agreement with all of the elements listed above will constitute a valid and enforceable contract.
Some situations, however, require that a contract be in writing to be enforceable. The 5 Essential Elements of a Sales Contract When creating or reviewing a sales contract (a.k.a.
sales of goods agreement or purchase agreement), it is vital to know which terms are most important and what things to watch out for.
The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit. The cause of action is the heart of the complaint, which is the Pleading that initiates a lawsuit.
Without an adequately stated.
Basic requirements for a valid agreement and a valid offer and acceptance Essential elements of an agreement of sale of immovable property are: parties (buyer & seller); it is a legal and binding contract and the purchaser need not be informed of the seller's acceptance, for the document to be valid.
The law recognizes this as a contract, meaning a legal document containing signatures of two or more parties that is binding and enforceable. Of course, there are certain other elements that must.
Consideration in contract law is simply the exchange of one thing of value for another. It is one of the six elements that must be present for a contract to be enforceable.