Whatshot
Legal Talk
Legal Talk
Date: 2016-06-24
A contract comprises of an offer and an acceptance, where there is an intention to create a legal obligation by the parties concerned. The offeror is the person making the offer, the offeree is the person accepting the offer. Both the offeror and offeree must have the same understanding (the legal phrase used is "ad idem") regarding the terms of the contract. In the case of marketing and advertising products or services, it is interesting to note that an advert is not considered an offer but rather an invitation to do business. The person who wants to conclude a contract must also satisfy certain legal requirements. He or she must have mental and contractual capacity. This means that the person must be sane and not under the influence of any drugs or alcohol which could alter his ability to fully appreciate what he is agreeing to. A person 18 years and older can sign a contract, whilst minors can sign contracts, duly assisted by their parent or guardian. There must be an intention to contract freely and voluntarily. Any misrepresentation by either party will render a contract void. Anyone who is coerced or bullied into signing a contract will have a defence of duress. For obvious reasons, it is always recommended that contracts be reduced to writing so that in the event of a breach of the contract one avoids any difficulty in proving the existence of the contract as well as the terms of the contract. Know your rights!
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