Enforceable contract is acknowledged as valid by the court. For such a contract, the court usually has the ability to induce compliance with the associated terms (LeRoy, 2010). Any contract, whether written or verbal, is supposed to contain specific components making it legally enforceable in a court of law. When some components are missing, then the court considers it to be unenforceable. For a contract to be enforceable, it needs to be legally valid; this means that it should include an offer, acceptance, and consideration. An offer is a proposal to perform an act or pay certain amount of money in a situation where a contract is legally valid (Nance, 2003).
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In a recent contract, Sam sent an email on Monday evening to Job and offered to sell him his used car at 1200 US dollars. He required Job to respond to the offer by Thursday afternoon. Job made sure that he expressed his willingness to purchase the vehicle as required. Therefore, Sam added that he would be able to finalize the transaction by Sunday evening upon the delivery of the vehicle to his home where was required to submit the payment. On Sunday evening, Sam delivered the vehicle to his client’s home. Meanwhile, Job had changed his mode of payment and offered to compensate Sam with a piece of land of which he claimed to be fairly equivalent to the amount he had requested for the car. Sam became disappointed with the act and refused the mode of compensation since it was not agreed. Therefore, the deal was not successfully fulfilled, because there was a breach of contract
Essential Elements of Enforceable Contract
In terms of legal competency, both parties met the requirement of essential enforceable contact since they were both above 18 years. Consequently, both had good mental capacity to conduct the transaction; this means they were psychologically and intellectually fit to perform the task. On the other hand; the parties had a mutual agreement concerning the transaction which is also referred to as mutual assent or mutual consent. The parties fully agreed on terms of the contract since the seller communicated his offer via email, and the acceptance was also communicated back through email. The offer was vividly accepted, and both parties were completely willing and came to mutual and satisfactory agreement
According to the law, all contracts are supposed to be executed for a legal objective (Adamson, 2010). This contract was legally valid since it did not involve any unlawful act. Otherwise, if the contract had been involved with an illegal objective, it would not have been enforceable contact. Consequently, the contract was in line with the elements of an essential enforceable contract since it was sent in a written form via email.
Finally, the element of consideration is one of the elements which are very vital in conducting an enforceable contact transaction. Basically, consideration is the value that is induced by a party for exchange of goods and services and entrance of contractual agreement (Cross & Miller, 2011). This can be currency or any physical item. In the case of this contract consideration, Job was not keen to observe matters regarding consideration, and this led to breach of contract.
Remedy for the Situation
However, there was a way in which Sam could remedy the situation that was to sue Job for breach of a contract. Since the contract was written, it minimized any possibility of fraud and misinterpretation. Since Job failed to meet the contractual obligation as stated in the agreement, Sam would decide to seek assistance from the law for compensation of the lost time and any form of resources in accordance with the case.
All the essential elements discussed above should be available for the agreed terms to meet the standard of an enforceable contract. This basically implies that all contracts are agreements, but not all agreements are contracts. Contracts usually lead to legal obligations on the part of the involved parties. These legal obligations are enforced by the court of law.
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