formation

English translation: conclusion

18:44 Feb 16, 2004
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: formation
...dispute or claim of whatever nature arising out of or in any way relating to this Agreement or its formation...
What this? Please?
pidzej
Poland
Local time: 03:58
Selected answer:conclusion
Explanation:
Contract Formation

When is a contract formed? It is formed when the following things have taken place. We call these things 'essentials' or 'elements'.

Essentials/elements:
1. The intention to assume a legal obligation.
2. Offer and acceptance.
3. Consideration.
4. Certainty of terms – essential terms must be certain.
5. Genuine consent.
6. Privity/Agency.

http://www.business.vic.gov.au/CA256C9200180F11/All/BC2658A0...
Selected response from:

Kim Metzger
Mexico
Local time: 20:58
Grading comment
agree :-)
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +2conclusion
Kim Metzger
5formation process for this contract is flawless
Tatiana Nero (X)
5do
jebeen
4its founding; its creation; its establishment
Marian Greenfield
4more context please
Hardy Moreno
1drawing up / execution
danya


Discussion entries: 1





  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
more context please


Explanation:
Here are two ideas in the mean time.

It could mean "construction" or it could mean it's order. But finishing the sentence may give us more context...

Hardy Moreno
Local time: 20:58
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
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3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
conclusion


Explanation:
Contract Formation

When is a contract formed? It is formed when the following things have taken place. We call these things 'essentials' or 'elements'.

Essentials/elements:
1. The intention to assume a legal obligation.
2. Offer and acceptance.
3. Consideration.
4. Certainty of terms – essential terms must be certain.
5. Genuine consent.
6. Privity/Agency.

http://www.business.vic.gov.au/CA256C9200180F11/All/BC2658A0...


Kim Metzger
Mexico
Local time: 20:58
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 72
Grading comment
agree :-)

Peer comments on this answer (and responses from the answerer)
agree  KORNELIA ZWIÓR-HOŁENKO: though to conclude a contract means to form and sign it, doesn't it?
22 mins

disagree  Marian Greenfield: conclusion means that the contract has been terminated; Kim you may be right about BE/AE, but I can tell you that "conclude" is often used incorrectly in AE to mean "execute" or "reach an agreement" and that is absolutely incorrect...
30 mins
  -> I think this may be a BE/AE thing, Marian. Conclusion is frequently used for initiation of a contract. Agree that conclusion isn't a proper synonym for formation, though.

agree  Lydia Molea: I do believe this is meant in this context, although they may imply it's preparation and not the signing (which is included in the conclusion).
4 hrs

agree  Empty Whiskey Glass
16 hrs
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
its founding; its creation; its establishment


Explanation:
hard to be more specific without knowing what's being "formed"....

--------------------------------------------------
Note added at 36 mins (2004-02-16 19:20:06 GMT)
--------------------------------------------------

based on your response to my comment, I would recommend simply:

\"its formation\" (meaning drafting, etc.)

Contract under Indian contract act, 1872 - Formation of a contract
... FORMATION OF A CONTRACT. For the formation of a contract the process of proposal
or offer by one party and the acceptance thereof by the other is necessary. ...
www.helplinelaw.com/docs/main.php3?id=CONT2 - 21k - Cached - Similar pages

Contract under Indian contract act, 1872 - Essentials of a valid ...
Indian Law firms/Lawyers for online legal help: Lawyers Network provides online
legal help in India, Our network of foreign law firms associates in 30 ...
www.helplinelaw.com/docs/main.php3?id=CONT4 - 23k - Cached - Similar pages
[ More results from www.helplinelaw.com ]

AAR: Publication: Paper: The precision of the formation of a ...
Paper: The precision of the formation of a contract of reinsurance and
other fairy stories - June 2003. In brief: AAR Senior Associate ...
www.aar.com.au/pubs/insur/insurjun03.htm - 51k - Cached - Similar pages

[PDF] The Precision of the Formation of a Contract of Reinsurance and ...
File Format: PDF/Adobe Acrobat - View as HTML
Page 1. jkes S0111133995v1 150520 4.6.2003 Page 1 The Precision of the Formation
of a Contract of Reinsurance and Other Fairy Stories John Edmond Allens Arthur ...
www.aar.com.au/pubs/pdf/insur/ins4jun03.pdf - Similar pages
[ More results from www.aar.com.au ]

[PDF] FORMATION OF A CONTRACT
File Format: PDF/Adobe Acrobat - View as HTML
Page 1. Asif Tufal 1 www.lawteacher.co.uk FORMATION OF A CONTRACT OFFER AND
ACCEPTANCE Has the offeror made an offer? or, an invitation to treat? ...
www.lawteacher.net/Contract/Agreement/ Agreement%20Chart.pdf - Similar pages

[PPT] Formation of a contract contd.
File Format: Microsoft Powerpoint 97 - View as HTML
Formation of a Contract. Offer + Acceptance = Agreement. Agreement + Consideration
= Enforceable Contract. Objective or Subjective Interpretation? ...
www.law.ul.ie/db/web/content/edel.quirke/120-D.ppt - Similar pages

Formation of Contract
... The necessary conditions for the formation of a contract are agreement (usually
in the form of offer and acceptance), consideration, and contractual intent. ...
www.brewerconsulting.co.uk/cases/CJ9902CI.htm - 13k - Cached - Similar pages

W&D | Publications | Advisories | The Basics of Contract Formation
... exchange for. an agreed performance. Mutual Assent. The basic elements
leading to the formation of a contract are usually the. making of ...
www.wiggin.com/ pubs/advisories_template.asp?ID=1331132152001 - 15k - Cached - Similar pages

The Emergence of Dynamic Contract Law
... at the dynamic pole if its application turns in significant part on a moving stream
of events that precede, follow, or constitute the formation of a contract. ...
www.bepress.com/til/default/vol2/iss1/art1/ - 29k - Cached - Similar pages

English Law of Contracts
... DAY. SUBJECT. LECTURER. 17.09.02. Introduction Formation of a Contract - Offer.
Louis Skyner. 24.09.02. Formation of a Contract - Acceptance. Louis Skyner. ...
www.jus.uio.no/nifs/nifs/contracts.html - 14k - Cached - Similar pages


Marian Greenfield
Local time: 21:58
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  KORNELIA ZWIÓR-HOŁENKO: the Agreement IS
8 mins
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13 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
drawing up / execution


Explanation:
whatever disputes arising out of the Agr. itself as a document or the way it was drawn up/executed; that is, relating more to technical matters, than to the subject-matter thereof.

danya
Local time: 04:58
Works in field
Native speaker of: Native in RussianRussian
PRO pts in category: 8
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13 hrs   confidence: Answerer confidence 5/5
do


Explanation:
do: anything to "do" with this agreement
make: anything to "do" in the "making" of this agreement

jebeen
Local time: 21:58
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2 days 57 mins   confidence: Answerer confidence 5/5
formation process for this contract is flawless


Explanation:
While I agree with Kim Metzger on the elements of contract formation, I disagree with how he summed it up.

The meaning of the phrase is that there should be nothing wrong with the contract formation - all the elements that Kim has enumerated should be carried out in a flawless manner. T

here are rules related to all of these elements, they are lengthy and I don't think the asker needs them.

But, the explanation is that if any of those rules are not observed properly, the contract might not be valid (that's for a court to decide) - or, to put it differently, there will be no contract.

Tatiana Nero (X)
Local time: 21:58
Specializes in field
Native speaker of: Native in RussianRussian
PRO pts in category: 8
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