Formal Agreement for Mutual Benefit

(1) According to the benefit-disadvantage theory, an appropriate consideration exists only if a promise is made in favour of the promisor or to the detriment of the promettant, which reasonably and fairly causes the promisor to make a promise for something else for the promisor. For example, promises that are pure gifts are not considered enforceable because the personal satisfaction that the creator of the promise may receive from the act of generosity is generally not considered a sufficient disadvantage to warrant reasonable consideration. 2) According to the theory of the counterparty of negotiation for exchange, there is a reasonable consideration when a promisor makes a promise in exchange for something else. Here, the essential condition is that something has been given to the promisor to induce the promise made. In other words, the theory of negotiation for exchange differs from the theory of harm-benefit in that the theory of negotiation for exchange appears to focus on the parties` motive for promising promises and the subjective mutual consent of the parties, while in the harm-benefit theory, the emphasis appears to be on an objective legal disadvantage or advantage for the parties. Bargain, as a noun and verb, began to be exchanged in English in the 14th century. We know that it evolved from the Anglo-French bargaigner, which means “bargaining”, but its history afterwards is unclear. The first known use is that of a name, which refers to a discussion between two parties about the terms of the agreement. Students know composition as the name of a short essay (assembly of words and sentences); The Philharmoniker knows it as a term for a long and complex piece of music (the arrangement of musical sounds); Historians and jurists know it as a term for a mutual agreement or agreement, such as . B a treaty or compromise (the rapprochement and reconciliation of differences). Finally, a modern concern that has developed in contract law is the increasing use of a special type of contract known as “membership contracts” or model contracts. This type of contract may be advantageous to some parties because in one case, the strong party has the ability to impose the terms of the contract on a weaker party. Examples include mortgage contracts, leases, online purchase or registration contracts, etc.

In some cases, the courts view these membership contracts with particular scrutiny because of the possibility of unequal bargaining power, injustice and lack of scruples. Since the beginning of the 14th century, Bond has been used for various types of “binding” agreements or covenants, such as “the bonds of sacred marriage.” Later, this meaning was generalized to any “binding” element or force, such as “bonds of friendship.” In 16th century law, it became the name of an act or other legal instrument that “obliges” a person to pay a sum of money due or promised. Concord comes from the Latin concord-, concors, both of which mean “agree” and are rooted in com-, which means “together”, and cord-, cor-, which means “heart”. Translated literally, the united Latin terms are translated as “hearts together”, which is why the first meanings of English harmony contain “a state of agreement”, “harmony” and “agreement”. The meaning of the word “agreement by agreement, pact or alliance” then strikes, and over time, harmony refers to a treaty that establishes peace and friendly relations among peoples or nations. Thus, two countries can sign a concord in issues that have led to hostility in the past and live in peace and harmony. Another well-known use of the convention is in law and politics, where it is used as a term for an agreement between two or more groups (as countries or political organizations) to resolve issues that concern everyone – for example, the United Nations Convention on the Law of the Sea. There are also the Geneva Conventions, a series of four international conventions (1864, 1906, 1929, 1949) signed in Geneva, Switzerland, which establish the humanitarian principles that signatory states must treat the military and civilian nationals of an enemy in time of war. Most of the principles of the Common Law of Contracts are described in the Reformatement of the Law Second, Contracts, published by the American Law Institute. The Uniform Commercial Code, the original articles of which have been adopted in almost all states, is a piece of legislation that governs important categories of contracts.

The main articles dealing with contract law are Article 1 (General provisions) and Article 2 (Sale). Article 9 (Secured Transactions) regulates contracts that assign payment entitlements in collateral interest contracts. Contracts relating to specific activities or areas of activity may be heavily regulated by state and/or federal laws. See the law on other topics dealing with specific activities or areas of activity. In 1988, the United States acceded to the United Nations Convention on Contracts for the International Sale of Goods, which now regulates contracts within its scope. The noun Agreement has the meaning of “consent” or “conformity”. It often occurs in legal, commercial or political contexts, where it is synonymous with contract and other similar words for a formal agreement. However, in certain circumstances, certain promises that are not considered contracts may be enforced to a limited extent.

If a party has reasonably relied on the statements or promises of the other party to its detriment, the court may apply a just doctrine of debt forfeiture to award the non-infringing party confidence damages to compensate the party for the amount incurred as a result of the party`s reasonable reliance on the agreement. .