Contract law. Terms of the contract (most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Contract law. Terms of the contract (most important)

Lecture notes, cheat sheets

Table of contents (expand)

9. CONDITIONS OF THE AGREEMENT

The terms of the contract are a way of fixing mutual rights and obligations. The content of the contract consists of its conditions, which fix the rights and obligations of counterparties, the subject of the contract, and liability in case of non-performance.

There are three types of contract terms:

a) essential - the conditions necessary and sufficient for the contract to be considered concluded and thereby capable of giving rise to rights and obligations for its parties;

b) ordinary - conditions that are enshrined in the contract in connection with the optionality of the norms that give rise to them. Their absence does not affect the validity of the contract. If not, then the provision of the law applies;

c) random - conditions that are not necessary for all general contracts of a certain type, contain provisions agreed by the parties, which sometimes do not coincide with dispositive norms of the law or customs.

The agreement of essential terms means that the contract is concluded. It follows that in the absence of agreement on at least one of these conditions, the specified goal will not be achieved. Signs of an essential condition:

1) for any contract, the condition on its subject matter is essential;

2) a condition is recognized as essential, which is named as such in the law or in other legal acts;

3) a condition that is necessary for contracts of this type. The selection among the essential conditions that are necessary for a given type (type) of contracts is of particular importance when it comes to unnamed contracts, i.e. those that are obviously distinguished by the absence of special legislative regulation for them, and hence the establishment of a list reflecting the specifics this type (type) of contracts of obligatory conditions;

4) all conditions necessary for this contract are essential.

Also distinguish:

a) prescribed - those that are directly named in the law;

b) initiative - those that are not mentioned in the legislation, and their inclusion in the agreement is determined by the discretion of the parties;

c) references - those that provide that on the relevant issue the parties are guided by the normative acts they have named.

In the course of fulfilling obligations under the contract, the terms of the contract may be changed by agreement of the parties. In the event of a change in the subject of the contract, the type of contract changes, which entails a change in the remaining terms of the contract.

Author: Rezepova V.E.

<< Back: Public contract, auction, preliminary contract

>> Forward: Form of the contract and state registration of the contract

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Marketing. Crib

▪ Social Psychology. Lecture notes

▪ Urology. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Record of the lowest artificially created temperature 28.09.2021

Physicists from Germany have managed to get the lowest temperature recorded in the history of science, just 38 picokelvins, 38 trillionths of a degree above absolute zero. Their experiment used the free-falling process of a quantum gas cloud and turning the magnetic field on and off in order to slow down the atoms of the gas almost to a complete stop of their thermal motion.

The point of absolute zero, -273.15 degrees Celsius, is the lowest temperature that can be obtained according to all the canons of thermodynamics. At such a temperature, the thermal motion of atoms stops completely and these atoms cease to have any kinetic energy, which should lead to the appearance of very strange effects. However, reaching the point of absolute zero and below is unattainable in practice due to the fact that it is physically impossible to take absolutely all of their kinetic energy from atoms.

However, scientists are constantly trying to get closer to the point of absolute zero, a few years ago scientists from Harvard successfully performed the "coldest" chemical reaction at a temperature of 500 nanokelvins, 500 millionths of a degree above absolute zero. Somewhat later, experiments were carried out at the Cold Atom Lab aboard the International Space Station at a temperature of 100 nanokelvins.

However, the temperatures mentioned above are quite high compared to the latest achievement of German scientists. And in order to get that temperature, the scientists used a cloud of 100 rubidium atoms trapped in a magnetic trap inside a vacuum chamber. First, a cloud of atoms was cooled to a temperature at which a so-called Bose-Einstein condensate formed, all of whose atoms have a quantum relationship. Due to this relationship, the entire cloud of condensate behaves like one large atom, which makes it possible to see the manifestation of quantum effects on a macro scale.

The Bose-Einstein condensate was formed at a temperature of two billionths above the absolute zero point, but it was not yet cold enough. The experiment was carried out in a special Bremen Drop Tower, which has a vacuum chamber with magnetic traps, 120 meters high, in which free-fall experiments are performed. And while the cloud of the Bose-Einstein condensate fell freely under the influence of gravity, scientists turned on and off the magnetic strictly at pre-calculated points in time.

When the magnetic field was turned on, the Bose-Einstein condensate cloud contracted somewhat. When the magnetic field was turned off, the condensate cloud expanded. The moments of turning on and off the magnetic field were synchronized in such a way that the effect exerted by this led to an almost complete stoppage of the movement of condensate atoms, which means an effective decrease in temperature.

During such an experiment, scientists managed to achieve and maintain a record low temperature for 2 seconds. However, the calculations of the created mathematical models showed that in space in conditions of microgravity or weightlessness on board the satellite, for example, such a temperature can last for 17 seconds, which will be enough to conduct very complex experiments.

Other interesting news:

▪ Masts to replace power transmission towers

▪ Greens against crime and disease

▪ HP EliteDisplay S240UJ Wireless Charging Monitor

▪ Smart speaker Redmi XiaoAI Touch Screen Speaker

▪ Men and women have different dreams

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Electrician in the house. Article selection

▪ article Take your overcoat, let's go home! Popular expression

▪ article When not to exercise? Detailed answer

▪ Article Quick key. home workshop

▪ article Sound audio complex. Encyclopedia of radio electronics and electrical engineering

▪ article Switching voltage regulator for a phone with caller ID. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews