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Re: Yak post# 50009

Friday, 08/31/2012 9:29:00 AM

Friday, August 31, 2012 9:29:00 AM

Post# of 52575
I did a search on what you posted. Here's what I found..

http://sip-trunking.tmcnet.com/news/2012/08/31/6549259.htm

Really not trying to stir the pot, but it appears to me that someone has just taken SP's PR from a few days ago and re-titled it for seemingly more clarity among their audience. It seems they too, interpret the announcement of a contract, as a signed vehicle of execution. Something we here at IHUB have debated for the last year. SP does not say "signed", but by my, and seemingly this other media outlet as well, we share the same belief that a CONTRACT is not a contract unless it is accepted by all parties. This is why when you offer to purchase realestate, you offer the owner a piece of paper (often referred to as a contract) with your signature on it. But it is not a valid contract until both (or all) parties sign.

An announced contract clearly means (to me) that they have entered into an agreement that meets ALL the criteria or elements that make up a contract.

ELEMENTS OF A CONTRACT

A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements:

1. offer and acceptance;
2. an intention between the parties to create binding relations;
3. consideration to be paid for the promise made;
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 the elements listed above is not a valid contract.

Not all contracts need to be in writing. The only contracts that are required by law to be in writing include contracts to buy and sell land or to buy an automobile and door-to-door sales contracts. However, it is always useful to have the terms agreed between the parties written down and attached to or kept with any other relevant papers; for example, copies of quotations, brochures, pamphlets, etc. that were supplied at the time the contract was entered into. Receipts for money paid should always be kept. If a dispute arises, these documents will assist in resolving differences between the parties.

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