Introduction
In the contemporary world, individuals, private and public sectors and nations in their day to day operations enter into contact. For instance, a private firm X can enter into a contract with supplier Y. The said supplier is expected to supply the agreed goods to firm X. On the other hand, firm X is expected to pay supplier y once goods are delivered. The entire contract must be clearly and meticulously guided by law (Stone, 2009). A contract needs backing of the law as this compels the parties involved not to break the contract. If a contract has no enforcement of the law then it is not a legally binding contract. The parties engaging in a contract must possess the knowledge of the civil law. This ensures the parties abide by the law. Apparently, the contract only permits parties who are of sound mind and have attained the majority age. Contract comes with terms and conditions which parties have an obligation to fulfill. This means they clearly comprehend the terms of the contact. This paper endeavors to explain the implied terms, which are verbally communicated in a contract. The paper also shades light on offer and acceptance in a contract, since no contract can take place without the presence of the two.
Typically, when two parties enter into a contract, they must have mutual understanding of the civil law ass this ensures the validity of the contract. One party must display the willingness to fulfill certain conditions in a contract (Furmstone, 2007). The other party must, as well, be in a position to assent or accept the offer without coercion or any undue influence. The offeror or promisor in a contract must only give proposals that are accepted by the law. On the other hand, the offeree must only accept the legal offer. Immediately an offer is accepted, it acquires the legal binding. The two parties have the legal obligation to fully play their part in the contract. Any failure of performance from either party automatically leads to prosecution.
Apparently, for a contract to be binding, the offeree must communicate the legal acceptance. For instance, when a buyer of refrigerator gives an offer of 240 dollars, it must be followed by the acceptance from the seller to supply it at that price. However, if offeror realized he or she may fail to fulfill the terms of contract he can revoke the contract. This can only take place before the offer is accepted by the offeree. Typically, death of either of the party can lead to termination of a contract (Furmstone, 2007). Additionally, lapse of time also makes a contract not to be achieved. For instance, a contract which terms spell out to be performed in two weeks, after the agreed days the contract is voidable.
A contract comes with terms and conditions which the parties to a contract need to abide by. The said terms and conditions state the nature of a contract. In most cases, the conditions, as well as conditions are clearly and specifically stated. Subsequently, the parties to a contract must in unison agree to these terms and conditions to make the contract to have enforcement of the law. However, in some circumstance this may not be the case. The parties can enter into a contract without expression of certain terms and conditions in a contract. Such though not expressed but they are silent or assumed to be known by the parties in a contract. Despite the fact that the terms are not specifically mentioned in the contract, the parties must abide by them. To start with, some terms are matters of fact hence need not to be mentioned (Stone, 2009). This means such facts are too obvious, and the law expects both parties to know them. For instance, if party x enters into a contract with party y. Party x is to work for party y in his firm for six days in a week. The two parties need not to mention in their terms and conditions that Sunday will not be a working day. This is a matter of fact, and the two parties are aware of it. Typically, the law allows the terms which are as a matter of fact.
Secondly, some information is a matter of law. This means the public has at large is expected to be aware of such information. For instance, a landlord enters into a contract with a tenant. The tenant later accused the landlord for not doing the general repairs of the tenant house which eventually lead to health damage. The later landlord was found guilty by the court for not fulfilling his responsibility. This is a general public policy hence need not to be inserted in the contract. The law expects the parties who enter into a contract to have a general knowledge in matters which correlates with public policy (Furmstone, 2007).Thirdly, customary terms, these are terms which are generally known hence no need to be stated. For instance, when a supplier agrees to supply four crates of soda to firm z, it is illogical to mention in the contract that the bottles of soda supplied will be ninety six. We all know a crate has twenty four bottles of soda. Hence the parties in a contract need not to include such information in the contract.
Conclusion
In conclusion, for a contract to be valid and have enforcement of the law the offer must be accepted and the acceptance communicated in time. The parties entering in a contract must be of sound mind and are clearly aware of the conditions and terms in the contract. Not all the terms and conditions are stated in the contract. Matters of fact, matters of law and customary terms need not to be mentioned. This means they are obvious to all parties to a indenture are fully aware of such information.
References
Furmstone, M. (2007). Law of Contract. Oxford: Oxford University Press
Stone, R. (2009). The modern Law of Contract. New York: Routledge-Cavendish
