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Unless there is a valid contract, you cannot enforce someone' s promise.

Question

Unless there is a valid contract, you cannot enforce someone' s promise.

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Solution

That's correct. In order for a promise to be legally enforceable, it generally needs to be part of a valid contract. Here are the basic steps to form a valid contract:

  1. Offer: One party makes an offer. This could be an offer to do something or to refrain from doing something.

  2. Acceptance: The other party accepts the offer. Acceptance must generally be made in the manner specified by the offer.

  3. Consideration: There must be something of value exchanged between the parties. This could be money, services, or even a promise to do or not do something.

  4. Mutuality: Both parties must intend to create a legally binding agreement. This is often referred to as a "meeting of the minds."

  5. Competency and Capacity: Both parties must be of sound mind, legal age, and not under duress or undue influence at the time the contract is formed.

If these elements are not present, the contract may not be valid, and therefore, the promise may not be enforceable.

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According to traditional law, a term in a written contract would not be enforceable if the offeree did not have reasonable or actual notice of it.Group of answer choicesTrueFalse

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