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Posted by Chester Morton / Thursday, 29 March 2018 / No comments
Classification of contract or Types of Contracts
Classification of contract/Types of
Contracts
Definition
A contract is a voluntary, deliberate, and legally binding agreement between two or more competent parties. In the business environment, a contract will usually be between two business organizations or between two parties. Although contracts are often written documents, they can also be verbal or implied in a business transaction between two parties.
A contract can be classified into
various types. This section will look at some of the contract type we have.
Simple Contracts
A simple contract is a contract
between two individual, parties or companies. A simple contract requires
consideration. A simple contract can either be verbal or written. In fact most
oral contracts are simple in type.
Specialty Contracts
Sometimes referred to as a contract
by deed or a contract under seal. Specialty contracts do not require
consideration. This is because some business transactions must be carried out
by deed. It must also be noted that all specialty contract must be written.
However, it is not all contracts which are written that can be termed a
specialty contract. It must further be understood that an activity performed
under a specialty contracts have longer limitation period than actions founded
on simple contracts. A contract by deed must be signed by both parties in the
transaction and is delivered under a seal. Us these contracts are required by
law to be so in nature. For example, is a conveyances relating to property or
If you buy or sell a land. While all other forms can be termed informal or
simple, specialty contracts are formal.
Contracts of record
Contracts of record describes
rulings or judgments passed by a law court or a tribunal or an arbitration by
a recognized institution. For instance, if in the course of a litigation
between two parties and the two parties reach some agreement; for example, the
parties come to an agreement that the case be settled and the judge records
their decision in writing, such an agreement, it is called a contract of
record. Like other forms of contract what is recorded as agreed by the parties
then becomes binding on both parties.
Express and Implied Contracts
A contract can also be categorized
as express or implied. Contract is considered express when the terms and
conditions of the contract are stated in words by the parties involved in the
transaction. On the other hand, when the terms of the contract are not stated
it is said to be implied. An example of an implied contract is when a passenger
boards a buss, he is by law expected to make payment for the fare of being
transported form where he boarded the bus to where he is going although this
may not be written out anywhere on the bus or at the bus station. The law
simply implies the passenger to pay and the bus authorities to transport the
passenger to his destination safely.
Unilateral
and Bilateral Contracts
Contracts
may be either unilateral or bilateral. A unilateral contract contrary to its
name does not mean that only one person signed the contract. At thus far we
know that there are always at least two parties involve in a contractual
agreement. A unilateral contract means that only one party is bound by the
terms of the contract. While a bilateral contract is one in which both parties
are bound. If you sign an undertaking to pay up a debt you owe by a certain
date, you are engaged in a unilateral contract even though you are making this
undertaking to the other party (for example, a bank). However, if you agree to
give away your car if the other party could provide you with an amount of 1000
USD, then we can talk of a bilateral contract because you are not the only one
bound. The other party must first give you a 1000 USD.
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