Contractual Law Basics Act
The Parliament of Stratham enacts:
Section 1. Short Title
(1) This Act is the CoLB Act.
Section 2. Commencement
(1) All provisions shall come into effect upon signage of this bill.
Section 3. Purpose and Reasoning
(1) To establish proper guidelines for members of the court.
(2) To establish a basic legal framework for contract law and to make it easier to understand.
Section 4. Contract Law Basic 1
(1) A contract is a legally binding agreement that is one over which you can sue or be sued to enforce.
(2) If an agreement is to be made into a legal contract there must be a specific essential criteria that must exist in order to create a contract.
(3) These are in order: Offer, Acceptance, Consideration, Capacity, Legality, Legal intent and Format.
(4) If any one of these criteria are absent from the arrangement, it will not suffice for a contract, meaning it will not legally bind the two parties together.
Section 5. Contract Law Basic 2: Offer, Acceptance, Consideration
(1) A contract must begin with an offer: this is an unequivocal statement of terms on which you are prepared to do business. It cannot be vague or ambiguous.
(1a) The Offeror must, upon stating an offer to another party, set a time frame of acceptance. Additional time may be granted by the Offeror upon the request of the Offeree if needed.
(2) Acceptance is a statement of willingness to enter into a contract as offered- it is the act that creates the contract. At that moment of acceptance the parties involved in the contract are bound and cannot be revoked unless mutually agreed upon.
(2a) A valid acceptance is essentially saying yes to the offer. Acceptance of an offer must be absolute and certain, and if not, the original offer is rejected and the contract must start afresh.
(3) Consideration is the price to be paid under a contract. It is what distinguishes a contract from a promise. All contracts require formal consideration. Consideration must be given by a party to the contract.
Section 6. Contract Law Basic 3: Intention and Terms
(1) The test for intention; would a reasonable person considering all the circumstances of the agreement conclude whether there was any intention to enter into a legal relation. The presumption is that the intention to create legal relations is present, the burden of proof is on the party seeking to deny it.
(1a) Rebutting a presumption can be: a lack of certainty and formality, vagueness on essential terms, absence of reliance on the agreement and an agreement made in haste without legal verification from a Lawyer. Proof must be provided in some way that a Lawyer has verified the contract. An example of this can be: a Discord message sent to the parties involved by the Lawyer.
(2) Terms can be classified into the following conditions and warranties:
(2a) Conditions are the most important term which form the main structure of the contract; breach of one of these gives the injured party the treat itself as free of any further contractual duties.
(2b) Warranties do not allow the injured party to refuse to perform its side but rather they are entitled to compensation. These are more considered additional, as opposed to crucial to the makeup of a contract.
(2c) Expressed intentions must be conditions.
(2d) These expressed terms must be specifically communicated by the offeror whereas implied terms come from statute law or the courts.
Section 7. Contract Law Basic 4: Termination
(1) Revocation is one such method: this means an offer can be revoked or withdrawn at any time before it is validly accepted- and for it to be effective the offeror need only show that at the time of the implied acceptance, the offeree knows that the subject matter is no longer available to the offeree. This must be communicated from the offeror.
(2) If the offer is rejected the offer is then terminated.
(3) A counter offer to the same effect has the potential to terminate the contract as they are operating out of the offeror’s original offer.
(4) Banned party: if a party involved in the contract is banned, the contract will be immediately voided.
(4a) If the remaining party to the contract has suffered a loss due to a player getting banned during the execution of the contract, they may seek compensation upon proof of such loss that could incur from the failed performance from the banned player.
(5) Lapse of time: an offer will cease to exist if not accepted within any specified time limit set by the offeror.
Section 8. Contract Law Basic 5: Parties to a contract
(1) Offeror - person making an offer
(2) Offeree - person seeking to engage with the offer
Authored by Poemhunter on behalf of the people of Stratham.
The Parliament of Stratham enacts:
Section 1. Short Title
(1) This Act is the CoLB Act.
Section 2. Commencement
(1) All provisions shall come into effect upon signage of this bill.
Section 3. Purpose and Reasoning
(1) To establish proper guidelines for members of the court.
(2) To establish a basic legal framework for contract law and to make it easier to understand.
Section 4. Contract Law Basic 1
(1) A contract is a legally binding agreement that is one over which you can sue or be sued to enforce.
(2) If an agreement is to be made into a legal contract there must be a specific essential criteria that must exist in order to create a contract.
(3) These are in order: Offer, Acceptance, Consideration, Capacity, Legality, Legal intent and Format.
(4) If any one of these criteria are absent from the arrangement, it will not suffice for a contract, meaning it will not legally bind the two parties together.
Section 5. Contract Law Basic 2: Offer, Acceptance, Consideration
(1) A contract must begin with an offer: this is an unequivocal statement of terms on which you are prepared to do business. It cannot be vague or ambiguous.
(1a) The Offeror must, upon stating an offer to another party, set a time frame of acceptance. Additional time may be granted by the Offeror upon the request of the Offeree if needed.
(2) Acceptance is a statement of willingness to enter into a contract as offered- it is the act that creates the contract. At that moment of acceptance the parties involved in the contract are bound and cannot be revoked unless mutually agreed upon.
(2a) A valid acceptance is essentially saying yes to the offer. Acceptance of an offer must be absolute and certain, and if not, the original offer is rejected and the contract must start afresh.
(3) Consideration is the price to be paid under a contract. It is what distinguishes a contract from a promise. All contracts require formal consideration. Consideration must be given by a party to the contract.
Section 6. Contract Law Basic 3: Intention and Terms
(1) The test for intention; would a reasonable person considering all the circumstances of the agreement conclude whether there was any intention to enter into a legal relation. The presumption is that the intention to create legal relations is present, the burden of proof is on the party seeking to deny it.
(1a) Rebutting a presumption can be: a lack of certainty and formality, vagueness on essential terms, absence of reliance on the agreement and an agreement made in haste without legal verification from a Lawyer. Proof must be provided in some way that a Lawyer has verified the contract. An example of this can be: a Discord message sent to the parties involved by the Lawyer.
(2) Terms can be classified into the following conditions and warranties:
(2a) Conditions are the most important term which form the main structure of the contract; breach of one of these gives the injured party the treat itself as free of any further contractual duties.
(2b) Warranties do not allow the injured party to refuse to perform its side but rather they are entitled to compensation. These are more considered additional, as opposed to crucial to the makeup of a contract.
(2c) Expressed intentions must be conditions.
(2d) These expressed terms must be specifically communicated by the offeror whereas implied terms come from statute law or the courts.
Section 7. Contract Law Basic 4: Termination
(1) Revocation is one such method: this means an offer can be revoked or withdrawn at any time before it is validly accepted- and for it to be effective the offeror need only show that at the time of the implied acceptance, the offeree knows that the subject matter is no longer available to the offeree. This must be communicated from the offeror.
(2) If the offer is rejected the offer is then terminated.
(3) A counter offer to the same effect has the potential to terminate the contract as they are operating out of the offeror’s original offer.
(4) Banned party: if a party involved in the contract is banned, the contract will be immediately voided.
(4a) If the remaining party to the contract has suffered a loss due to a player getting banned during the execution of the contract, they may seek compensation upon proof of such loss that could incur from the failed performance from the banned player.
(5) Lapse of time: an offer will cease to exist if not accepted within any specified time limit set by the offeror.
Section 8. Contract Law Basic 5: Parties to a contract
(1) Offeror - person making an offer
(2) Offeree - person seeking to engage with the offer
Authored by Poemhunter on behalf of the people of Stratham.
Last edited:
