Ordinarily Agreement is Evidenced By: Understanding the Basics
When it comes to making business deals, agreements must be established and documented. These agreements can either be written or oral, but regardless of their form, they should be clear and straightforward to avoid confusion and misunderstanding.
One of the ways to ensure that agreements are valid and enforceable is by establishing the evidence of mutual assent or “meeting of the minds” between the parties involved. Typically, the parties involved in an agreement must reach a common understanding of the terms and conditions laid out in the contract. This is referred to as “agreement.”
In legal terms, an agreement is defined as the manifestation of mutual assent on the part of two or more persons. The agreement must be clear and unambiguous, and it must be supported by consideration or something of value that is exchanged between the parties involved. In most cases, an agreement is evidenced by either written or oral communication.
For instance, in a written agreement, the terms and conditions of the contract are laid out in a document that is signed by the parties involved. The signature of each party serves as evidence of mutual assent and agreement. On the other hand, an oral agreement is established through a verbal agreement between the parties involved. In such situations, it is important to have a witness to validate the agreement and ensure that the terms and conditions are clear and agreed upon by both parties.
In some cases, an agreement may be evidenced by the conduct of the parties involved. For example, if two parties enter into an agreement for the sale and purchase of goods, their conduct, such as the delivery of the goods, serves as evidence of mutual assent and agreement.
However, it is important to note that certain agreements must be in writing to be valid and enforceable. For instance, real estate transactions require a written agreement between the parties involved.
In conclusion, agreement is a crucial element in contract law, and it must be evidenced by clear and unambiguous communication between the parties involved. Whether through oral or written communication or conduct, evidence of mutual assent is needed to establish a valid and enforceable agreement. As a professional, ensure that the terms and conditions of agreements are well-defined and easy to understand. This will not only help to avoid confusion but also ensure that your clients` business deals are legally binding and enforceable.