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46. Law-contract lawcontract CONTRACT ELEMENTS Parties form a binding contract when the following elements are present (1) an offer, (2) an acceptance in strict compliance with the terms of http://houston-opinions.com/law-contract.html

law-contract CONTRACT ELEMENTS Parties form a binding contract when the following elements are present: (1) an offer, (2) an acceptance in strict compliance with the terms of the offer, (3) a meeting of the minds, (4) each party's consent to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. Am. Nat'l Ins. Co. v. Warnock, 114 S.W.2d 1161, 1164 (Tex. 1938); Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex. App.Houston [1st Dist.] 2002, pet. denied). To be enforceable, the contract must be sufficiently certain to enable a court to determine the rights and responsibilities of the respective parties. T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992); America's Favorite Chicken v. Samaras, 929 S.W.2d 617, 622 (Tex. App.San Antonio 1996, writ denied). Under settled principles of contract interpretation, we construe a contract as a matter of law to determine whether it can be enforced as written without resorting to parol evidence. J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 229 (Tex. 2003). Our primary concern is to ascertain the intent of the parties, as

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58. Holmes, The Common Law: Contract. II. Elements LECTURE VIII. – CONTRACT. II. ELEMENTS. 289 (breaks before heading) THE general method to be pursued in the analysis of contract is the same as that already explained with http://www.constitution.org/cmt/owh/commonlaw08.htm

[289] (breaks before heading) THE general method to be pursued in the analysis of contract is the same as that already explained with regard to possession. Wherever the law gives special rights to one, or imposes special burdens on another, it does so on the ground that certain special facts are true of those individuals. In all such cases, therefore, there is a twofold task. First, to determine what are the facts to which the special consequences are attached; second, to ascertain the consequences. The first is the main field of legal argument. With regard to contracts the facts are not always the same. They may be that a certain person has signed, sealed, and delivered a writing of a certain purport. They may be that he has made an oral promise, and that the promisee has furnished him a consideration. The common element of all contracts might be said to be a promise, although even a promise was not necessary to a liability in debt as formerly understood. But as it will not be possible to discuss covenants further, and as consideration formed the main topic of the last Lecture, I will take up that first. Furthermore, as there is an historical difference between consideration in debt and in assumpsit, I shall confine myself to the latter, which is the later and more philosophical form. It is said that any benefit conferred by the promisee on the promisor, or any detriment incurred by the promisee, [290] may be a consideration. It is also thought that every consideration may be reduced to a case of the latter sort, using the word "detriment" in a somewhat broad sense.

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Popular searches: Work disability Working overtime Leave laws Pregnancy leave ... Home Employment Law Contract Fast Facts In the event state laws offer more protection than federal laws to workers, the most beneficial law to employees is applicable Talk to a Lawyer Enter a zip code to speak to a Lawyer that serves your area. Enter Zip Code: Select the type of Lawyer you need Employment Disability Immigration Law Sexual Harassment Search Results for "employment law contract" Articles Results of for " employment law contract " Breaking an Employment Contract   If an employment contract is broken early, there can be significant consequences which arise from this actio... Site: employmentlawfirms.com Implied Employment Contracts Most common employment hiring is presumed to be Site: employmentlawfirms.com Pay Deductions Under California Employment Law Pursuant to California employment law, a business can lawfully withhold amounts from an employee’s pay only: (... By: Steven Fink Site: employmentlawfirms.com 1 of 1 user(s) found this useful Robin Williams Loses Employment Agreement Lawsuit Williams filed suit in California on a By: Thomas McKinney Site: employmentlawfirms.com

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