In order for a contract to be carried out, it must be valid.
What are the four elements of a valid contract? Discuss and define each element.
Use your critical thinking skills to set forth how you would approach negotiating a valid and fair contract for Bill’s landscape business.
How would you approach the negotiation? What methods, procedures, and aspects would you use in the negotiation? Use your ideas and critical thinking. If you need to add facts to help you set this out, do so.
Makes sure you solicit your fellow students to review your methods. Ask them to set forth any agreements, disagreements, additions, subtractions, and how they would improve your negotiation process. You may use outside sources to help you set out the negotiation process.
Cheeseman, H. R. (2019). Business law (10th ed.).
Chapter 7: Intellectual Property and Information Technology
Chapter 9: Nature of Traditional and E- Contracts
Chapter 10: Agreement
Chapter 11: Consideration and Promissory Estoppel
Chapter 12: Capacity and Legality
Chapter 16: Breach of Contract And Remedies
Chapter 17: Digital Law and E-Commerce
Many scholars equate our law of contracts with covenant in the Bible. Let’s look at the elements of a valid contract.
Read Genesis 15:1–20. Starting with the Abrahamic Covenant, you can apply the elements of a valid contract to that covenant. However, the Hebrew people related that a covenant is more than just what we refer to as a contract today. The Hebrews, when entering into covenant, believed that the additional elements provided that all that a party possessed also belonged to the second party and vice versa. They were also to support the other and defend the other with all their strength and all they owned.
Read John 21:15-25. Next came the New Covenant with Jesus. In the context of John 21:15–25, the last conversation Jesus has with his disciples (as recorded by John), he says, “Follow Me,” twice. Offer— that is the first element.
If you read Matthew 26:26–30 you will find a second element: Acceptance. The third element is found in many verses when Jesus says we may have everlasting life if we follow him: Consideration. The fourth element is found in the asking of the legality of Jesus’s actions. Legal Purpose.
Read John 17:10 and you will find the Hebrew-added element where Jesus said that all he has is ours and all we have is his. Thus, in the New Covenant we must follow Jesus and conform to his love and compassion. When we deal in contract and overall with others, we must treat them as Jesus would.
