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Apply It: Legality of Contracts
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Identifying the Facts and Issues
There are four elements to a contract. First, there must be an offer and an acceptance, also known as the contract Second, there must be something of value passing between the parties, known as consideration Third, the parties must have the mental ability to sign a contract, known as capacity Finally, the subject matter of the contract must be legal
When analyzing legality of a contract, there are several issues to evaluate. A contract for a franchise is legal. There is no mention of interest rates that are too high, also known as usury There is a violation of a licensing statute. There is not a clause that waives liability, known as exculpatory clause There is a discriminatory provision in the contract.
The provision in this contract is related to one of the protected classes of people. Provisions like this one are considered violations of select answer
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