Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are open for business and working remotely Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Personal Injury
          • Public Law & Human Rights
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Real Estate
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Billericay
        • Clacton-on-Sea
        • Holland-on-Sea
        • London

      When is a contract formed?

      5 July 2019 by Andreea Brindas

      Andreea Brindas
      contract

      In the modern world, contracts govern our daily lives, from our bank account and credit cards to our mobile phones, car purchases and so on. Even the simple act of placing an order online is creating, in essence, a binding contract. This blog will briefly explain what a contract is and set out the circumstances when a contract is formed and binding.

      What is a contract?

      In its simplest form, a contract can be described as an ‘understanding between two or more parties’ which gives rise to rights and duties among those who agree to it. There are various types of contracts and their respective rights and duties may depend on the contract terms and whether it is a commercial contract or a consumer contract.

      Requirements

      To form a contract, generally, you would require the following key elements:

      • Offer;
      • Acceptance;
      • Consideration; and
      • Intention to create legal relations.

      In addition, certainty of terms may also be a requirement considering that in order to create a binding obligation, the terms of a contract must be agreed and certain as a result.

      What you should be aware of  

      It is important to note that this does not necessarily require a party to understand the terms of the contract- i.e. a simple signature of the contract may indicate the party agreed to it.

      It is also important to bear in mind that a contract does not have to be in writing- an oral binding contract may be formed if all the above (i)-(iv) elements are present.

      Other considerations may include (but not limited to):

      • A contract may be made partly orally and partly in writing;
      • A contract may be implied from the parties’ conduct- i.e. an offer can be accepted by behaviour of one party (for example, sending the goods and/or paying the purchase price);
      • A contract may not be formed if one of the parties lacks capacity/authority; and/or
      • A contract may not be formed if it is subject to conditions that are not fulfilled.

      Most lawyers are concerned with the basic questions of contract law which include (but are not limited to) whether a contract has been formed. If you have any doubts about the validity of a contract or intend to enter into a new contract we suggest you seek legal advice.

      The Corporate & Commercial Department here at Fisher Jones Greenwood LLP can assist you with the preparation or variation of a contract, offer you advice on current contracts and their legal implications or any other related services; as well as assist you with the preparation of any other documentation required and guide you through the transaction.

      Should you require any information or assistance do not hesitate to get in touch. Please call 01206 700113 or email [email protected]

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • What is Family Mediation Week?
      • What happens when parents disagree on vaccinations?
      • Why is the New Year a good time to make or update your Will?
      @FJGSolicitors

      Why is the New Year is a good time to make or update your Will? Find out in our latest blog:… https://t.co/3hUtkp64eR

      48 mins

      @solicitorchat 2/2 The cost of this treatment would form part of your claim but in most situations, it will allow y… https://t.co/gZyV3CxrTJ

      2 hours

      @solicitorchat 1/2 Most Solicitors will have links with physiotherapists and other treatment providers that offer f… https://t.co/RfHuGVdSsR

      2 hours
      Billericay 01277 623132
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Holland-on-Sea 01255 818900
      London 08455 435700
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment
      Website designed and built by Green Square

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      We are open for business and working remotely

      Here at Fisher Jones Greenwood Solicitors we would like to reassure all our existing and future clients that even in these uncertain and difficult times we are able to assist you with your current and future legal requirements.

      Like so many others, we are constantly monitoring and acting on Government advice and guidelines and as such our offices are temporarily closed to the public. You may, if you wish, visit our offices to post any correspondence and documents through letter boxes.

      As a result of our commitment to innovation and technology, we can and are maintaining a full service, albeit remotely, with all appointments being held digitally or via the telephone. Our case management system enables us to have full access to your electronic file from any location and we have a core team of staff processing all incoming post directly onto your file so that your legal adviser can continue to work with you. We are pleased to say that we do not currently anticipate any disruption to your matter.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300) and a message to return your call will be by relayed to the relevant person.

      Finally, everyone at FJG would like to wish you, your families and your colleagues well throughout this current crisis.

      Best wishes
      Paula Cameron
      Managing Partner