Do You Know The Fundamentals Of A Contract?

Do You Know The Fundamentals Of A Contract?

Are you familiar with contract law’s impact on businesses? From employee hiring to collaborations and sales, contracts play a crucial role in company operations. 

Contract management relies on this intricate legal concept, governing agreements among individuals, businesses, and groups. When these agreements are broken, it results in a “breach of contract.” Contract law provides a way to resolve such disputes through court proceedings, where contract law attorneys and judges collaborate to find fair solutions. 

To help you navigate contractual relationships effectively, here’s a concise overview of the fundamentals of contract law.

Contracts and Contract Law

Contracts are legally binding agreements that establish mutual obligations between parties. They outline the specific terms of engagement in a transaction and dictate legal consequences if one party attempts to breach the agreement.

Contracts come in two forms: written and verbal. Written contracts are preferred by businesses over verbal contracts due to their ease of reference and reduced ambiguity, making enforcement more straightforward.

Within contract law, specific regulations govern the creation and enforcement of contracts. These laws encompass various aspects, including the following:

  • Formation of contracts
  • Necessary elements for a document to be considered a contract
  • Eligibility of parties to enter into contracts
  • Consequences of contract violations
  • Obligations that can be imposed on signatories

In essence, contract law clarifies the conditions under which contracts come into existence, their enforceability, and the available remedies for the injured party when the other signatory disregards the agreed-upon terms.

Fundamentals Of A Contract

Fundamentals Of A Contract


An offer represents a clear expression of willingness to enter into a contract under specific terms. It is essential to differentiate between what constitutes an offer and what does not. The individual making the offer is referred to as the offeror.

When initiating a contract, the offeror presents specific terms to the offeree. These terms include the following elements:

  • Expression of Intent: The offeror declares their intention to enter into a contract with the offeree.
  • Offeree Eligibility: The offer should specify who is eligible to accept and enter into the contract.
  • Offeror’s Provision: The offer outlines what the offeror intends to provide within the contract, such as goods or services.
  • Terms of the Agreement: The offer includes the terms and conditions of the agreement, encompassing what the offeree is expected to provide in return and how the exchange or transaction will take place.

It is important for the terms of the offer to be explicit, unambiguous, and comprehensive, providing a clear understanding for both parties involved. 

An offer is distinct from an invitation to treat. An invitation to treat does not qualify as an offer. For instance, when you list your house for sale, you are not making an offer; you are inviting potential buyers to make offers to purchase your property.

The same principle applies to most forms of advertising. Stores extend an invitation to treat, expressing their readiness to sell an item if you offer the specified price. However, they are not obliged to accept your offer.

When faced with a counteroffer, the original offer is rendered void. A counteroffer modifies the initial offer, relieving the individual who made the original offer from obligations or commitments.


This element in a contract occurs when the offeree, the individual accepting an offer, fully and unconditionally agrees to all the terms specified in the offer. The acceptance must align precisely with the terms of the original offer. Any deviations or modifications would not constitute a valid acceptance.

The acceptance must be communicated to the offeror, as silence or lack of response does not equate to acceptance. Clear and explicit communication of acceptance is necessary to establish a binding agreement between the parties involved.

Acceptance can come in various forms:

  • Words: In many cases, contracts are accepted through explicit verbal or written statements where the offeree expresses their agreement to enter the contract and adhere to its terms.
  • Actions: Acceptance can also be conveyed through actions taken by the offeree. For instance, if a contract specifies that performing a specific action, such as clicking a link or utilizing a website, signifies acceptance, individuals who engage in such actions are automatically deemed to have accepted the contract’s terms.
  • Performance: Even in the absence of explicitly designated actions for acceptance, contracts can be accepted without the need for words. For example, an implied contract is formed when a restaurant receives a food shipment from a supplier and uses the ingredients to prepare meals. By utilizing the goods in their business operations, both the restaurant and supplier can reasonably assume the existence of a contract, entailing the restaurant’s obligation to remit payment for the received food.

These alternative methods of acceptance broaden the scope of contract formation, allowing for acceptance through different forms aligning with the intent and understanding of the involved parties.


The consideration of a contract represents the value being exchanged between the parties. This value can take various forms, including:

  • Financial: such as a loan or payment of a sum of money.
  • Property: involves the delivery or transfer of goods or assets.
  • Service: where one party provides services, such as maintenance or protection from harm.

It is not necessary for a contract to involve monetary consideration specifically. As long as the contract outlines an agreement in which one party commits to providing something of mutually agreed-upon value to another party, consideration exists, and the contractual arrangement is considered complete.


The enforceability of a contract hinges on its legality and the parties’ intention to be legally bound by their agreement. Courts will not uphold contracts that involve illegal activities.

For a contract to be valid, it must be entered into with the intention of being legal and creating a binding obligation between the parties. Certain agreements, such as an arrangement between family members to have dinner with one person covering the expenses, may be considered legal, but they are generally not intended as legally binding contracts.

Conversely, a contract to purchase illegal drugs from a drug dealer involves all parties knowingly engaging in illegal activities, rendering it unenforceable in court.

It is crucial to ensure that contracts are formed with lawful intent and that the parties involved are aware of the legal implications of their agreement. Courts cannot enforce contracts that violate the law or involve illicit activities.


The parties involved must have experienced a “meeting of the minds” concerning the agreement. This concept implies that the parties had a shared understanding and reached a consensus on the fundamental substance and terms of the contract. It encompasses the idea that both parties comprehend the rights, obligations, and expectations established within the contract.

A clear and unequivocal meeting of the minds is vital in establishing a solid foundation for the contract and minimizing potential disputes or misunderstandings down the line.

Safeguard Your Business With Expertly Crafted Contracts By Taylor Minnette Schneider Clutter

Contract law is crucial in safeguarding business relationships and ensuring organizational protection. Familiarizing yourself with the fundamentals of a valid contract and the implications of breaching an agreement can significantly contribute to your company’s success and prevent legal disputes. 

Secure your contracts with the legal expertise of Taylor Minnette Schneider Clutter. Our experienced Business Law attorneys cover all contract fundamentals, including entity formation and drafting. 

Schedule a free consultation today at (765) 361-9680 or fill out our contact form!