Fraud/breach of contract

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Latest post 01-27-2012 4:11 PM by adjuster jack. 17 replies.
  • 01-23-2012 10:48 PM

    Fraud/breach of contract

    Good Evening.  I entered into a Written Contract in 2008 (12/08).  What are the minimum pieces that make the contract legally binding?

  • 01-24-2012 12:01 AM In reply to

    Re: Fraud/breach of contract

    Baseballdad:

    Good Evening.  I entered into a Written Contract in 2008 (12/08).  What are the minimum pieces that make the contract legally binding?

    Your signature on a piece of paper agreeing to do something in exchange for something else.

    That's overly simplified, of course, but that's all I can tell you based on you giving no information about the contract or why your post is titled "fraud/breach."

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-24-2012 5:27 AM In reply to

    Re: Fraud/breach of contract

    adjuster jack:
    Your signature on a piece of paper agreeing to do something in exchange for something else.

    Close, but not quite right. The minimum elements of any contract are an offer, an acceptance, an intent to be bound, and mutual consideration (i.e. a mutual exchange of some kind). A signature and a writing are required for some types of contracts in order to enforce them in court, but many contracts are enforceable without any writing.

  • 01-24-2012 7:57 AM In reply to

    • Drew
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    Re: Fraud/breach of contract

    Describe the deal--less names  and you might get closer suggestions .  Otherwise it begins to look like an open book exam question in undergraduate business program in which the professor  stopped mid question.



  • 01-24-2012 12:10 PM In reply to

    Re: Fraud/breach of contract

    I would google elements of a contract for much info on the subject.

    As said, any details might be helpful as to what to watch out for in your particular circumstance, etc.

  • 01-24-2012 12:47 PM In reply to

    Re: Fraud/breach of contract

    Fraud/breach because the other party broke the contract. However, I thought before investing time, energy and resources I would seek some guidance as to whether or not the contract that we wrote may itself be wrought with problems.  Seems like the right angle to take.  Ok, so back to my post, what establishes a legally binding contract? 

  • 01-24-2012 12:49 PM In reply to

    Re: Fraud/breach of contract

    wow! you probably should have just passed on this board if you do not understand the question.  Seems simple to me in how it is stated.  The deal is not my concern, I am looking to see what I MUST HAVE IN THE CONTRACT before moving on to details.  You do understand that you are not compelled to answer every post, correct?

  • 01-24-2012 12:49 PM In reply to

    Re: Fraud/breach of contract

    Baseballdad:
    Ok, so back to my post, what establishes a legally binding contract? 

     

    Fulfilling all the legal elements.

  • 01-24-2012 1:13 PM In reply to

    Re: Fraud/breach of contract

    kath21:

    Baseballdad:
    Ok, so back to my post, what establishes a legally binding contract? 

     

    Fulfilling all the legal elements.

     

    which are? haha!

  • 01-24-2012 1:15 PM In reply to

    Re: Fraud/breach of contract

    TA enumerated most already, but you can learn more by googling.

  • 01-24-2012 1:20 PM In reply to

    Re: Fraud/breach of contract

    I researched it and the issues look to be in order.  Someone on this fricking board should have known the 6 elements! I am joking of course...very helpful!

    1) Offer
    2) Acceptance
    3) Mutual Agreement
    4) Capacity
    5) Consideration
    6) Legality

    Ok, so I think I have those pretty clear. 

     

  • 01-24-2012 1:27 PM In reply to

    Re: Fraud/breach of contract

    Baseballdad:
    wow! you probably should have just passed on this board if you do not understand the question.

    Dial back the attitude. We ARE trying to be of some help to you.

    Baseballdad:
    I am looking to see what I MUST HAVE IN THE CONTRACT before moving on to details.

    That's already been answered:

    Taxagent:
    The minimum elements of any contract are an offer, an acceptance, an intent to be bound, and mutual consideration (i.e. a mutual exchange of some kind).

    Baseballdad:
    Seems simple to me in how it is stated

    Legal concepts are never simple.

    Baseballdad:

    I researched it and the issues look to be in order. Someone on this fricking board should have known the 6 elements! I am joking of course...very helpful!

    1) Offer
    2) Acceptance
    3) Mutual Agreement
    4) Capacity
    5) Consideration
    6) Legality

    Ok, so I think I have those pretty clear.

     

     OK, so how does that help you figure out what to do about the other party that breached your contract or committed fraud?

     

    Baseballdad:
    The deal is not my concern

    Well, it should be.

    Now that you know the basic elements of a contract the next step is to analyze the terms and conditions of YOUR contract and how the other party breached it or committed fraud.

    Then we can provide suggestion as to what recourse you might have.

    Frankly, if you aren't willing to provide details you might as well go to a lawyer's office, plunk down a nice retainer, and see what kind of questions the lawyer asks you before he advises you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-27-2012 10:58 AM In reply to

    Re: Fraud/breach of contract

    How do I prove he did not pay me monthly?

  • 01-27-2012 11:07 AM In reply to

    Re: Fraud/breach of contract

    or is it incumbant on him to prove that he did pay?

  • 01-27-2012 12:03 PM In reply to

    Re: Fraud/breach of contract

    Baseballdad:

    or is it incumbant on him to prove that he did pay?

     

    Yes.  You file the claim and then it is his responsibility to show he lived up to his end of the contract...in this case, paying.

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