Monday 19 October 2009

the law of contract.

a contract is an enforceable agreement between two parties.

a party offers, the other accepts, on a valid consideration arising from both parties. simply put, A agrees to offer B a ciku, and B agrees to accept the ciku; the consideration from A being the ciku, the consideration from B being, say, RM0.10. other elements are intention, capacity etc.

an agreement is only enforceable when there is both detriment and benefit for both parties.

with an agreement comes certain rights under the agreement.

when contractual rights are infringed, the contract is either frustrated or nullified or put to an end.

when two people agree to be friends, they agree to go through good and bad together. the good times being the benefit, and the bad times being the detriment each party receives as a result of the agreement to befriend.

in an agreement to befriend, contractual rights include the right to care and the right to respond to care.

the question is, in as much as an agreement to befriend is akin to a legal contract, what happens when the rights under that agreement are withheld from being enforced?

this is the 'it' i wanted to blog about.

and i will persist with the sad face until you tell me.

=(

No comments: