填空题
A more complete definition of a contract is a promise or set of promises for which the law will provide a remedy in the event of a breach. (9)
A binding contract must meet the following requirements: 1) It is in the form required by the law; 2) It is between parties with the capacity to contract—that is, legally capable to con tract—or made by agents or representatives of the contracting parties with the authority to act; 3) It is enforceable in the event that one of the contracting parties fails to perform the contract. (10) However, the law does require that some agreements are made in writing.
(11) Example of agreements to be made in writing include: contracts for the sale of land; contracts of guarantee; contracts for transfer of shares; contracts which muse be made by deed, for instance, a lease for more than three years. (12) In contrast, a contract by deed does not require consideration.
(13) For example, a deed may need to be affixed with a seal—a printed company stamp—if one party is a limited company. Common law requires that a deed is delivered. This determines the date from which the parties are bound. It must be clear on the face of a deed that it is executed by the parties as a deed. (14) For instance: this document is executed as a deed and is delivered and has effect at the date written at the beginning of it.
A. Deeds may contain standard wording about execution.
B. A binding contract may be made in writing or orally, and implied from conduct, that is, by the behavior of the contracting parties.
C. A deed has different formal execution requirements depending on the contracting par ties.
D. As an oral contract is not as valid as a written one.
E. A simple contract require consideration—the price in exchange for a promise to do something—and becomes effective on execution, generally when it is singed.
F. This is usually because registration is required for the agreement to be effective and the relevant registry requires a written agreement.
G. There some generally two forms of contracts: binding contract and simple contract.
H. Both simple contract and binding contract demand reconsideration.