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  • Essay / The five aspects of the five elements of a contract

    For promises to be enforced, they must meet certain criteria. The five criteria are: offer, acceptance, consideration, capacity and legality (Seaquist, 2012). The offer is at the beginning of the contract process. The person who writes the contract must give the contract to the other person. When the proposal is given to the other person, that person has the right to accept or reject it. If this person rejects the proposal, the offer is not valid. Next comes acceptance (Safrath, 1999). Acceptance can come in different forms. This can be done by telephone, in person or in writing. The acceptance must clearly state that the person accepting the proposal agrees to the buyer's terms. There is also something called the mailbox rule. Most states will respect this, meaning when someone accepts an offer, they put it in the mailbox or in an email, showing that they accept the proposal (Safrath,