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What is an essential element of a legally binding contract?*A) Handwritten signaturesB) ConsiderationC) A notarized stampD) Verbal agreement

Question

What is an essential element of a legally binding contract?

  • A) Handwritten signatures
  • B) Consideration
  • C) A notarized stamp
  • D) Verbal agreement
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Solution

The essential element of a legally binding contract is B) Consideration.

Here's why:

A contract is a legally binding agreement between two or more parties, and for it to be valid, certain elements must be present. These include:

  1. Offer and Acceptance: One party must make an offer, and the other party must accept it.

  2. Consideration: This is something of value that is exchanged between the parties. It could be money, services, goods, etc. Each party must give and receive something of value for a contract to be legally binding.

  3. Intention to Create Legal Relations: Both parties must intend the agreement to be legally binding.

  4. Capacity: Both parties must have the capacity to understand the contract and the consequences of entering into it.

  5. Legality: The contract must be for a legal purpose. It cannot be based on illegal activities.

So, while handwritten signatures (A) and a notarized stamp (C) can add to the formality and enforceability of a contract, they are not essential elements. A verbal agreement (D) can be legally binding, but it can be difficult to prove in court. Therefore, the most essential element in this list is consideration (B).

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