Luring V. Hunter 744 S. 2d 5490
Table of Contents
Table of Authorities
Cases
GA Code § 30.220a 5
Luring v. Hunter, 744 S.W.1st 8080 (GA. App.1978) 6
Taylor v. Basques, 553 S.W. 2d 5490 (GA. App.1986) 8
Table of Figures
Contracts
Definition
A contract is a binding legal agreement that is enforceable in a court of law.
Elements of a contract
There are four basic elements of a contract: agreement, consideration, lawful object, and contractual capacity. All four elements have to be met for a contract to be enforceable.
Contractual Capacity
To enter into a contract, a party must be legally competent. Parties that cannot generally enter into contracts include minors and persons adjudged to be insane. Contracts entered into with either of these types of parties may be void and unenforceable.
Breach of Contract
A valid contract is “breached,” or broken, when one of the parties fails to fulfill the terms of the contract. The party harmed by the failure of the other party to comply with the contract may sue for breach of contract. Most states require that the injured party file a breach of contract lawsuit within a specified period of time, referred to as the statute of limitations. A sample court filing related to a breach of contract can be seen in Example A.
Example A
IN THE CIRCUIT COURT OF GWINNETT COUNTY
STATE OF GEORGIA …show more content…
At the time of the contract, Dauphin paid A & Z a deposit of $1,500 towards the balance that would be due at the completion of the work. At the end of the contract period, none of the unit had been painted (see Figure ). Dauphin contacted the painting contractor, but was told that the company was unable to complete the project at this time. Dauphin tried in good faith to resolve the issue with A & Z, but they refused to cooperate with
Table of Authorities
Cases
GA Code § 30.220a 5
Luring v. Hunter, 744 S.W.1st 8080 (GA. App.1978) 6
Taylor v. Basques, 553 S.W. 2d 5490 (GA. App.1986) 8
Table of Figures
Contracts
Definition
A contract is a binding legal agreement that is enforceable in a court of law.
Elements of a contract
There are four basic elements of a contract: agreement, consideration, lawful object, and contractual capacity. All four elements have to be met for a contract to be enforceable.
Contractual Capacity
To enter into a contract, a party must be legally competent. Parties that cannot generally enter into contracts include minors and persons adjudged to be insane. Contracts entered into with either of these types of parties may be void and unenforceable.
Breach of Contract
A valid contract is “breached,” or broken, when one of the parties fails to fulfill the terms of the contract. The party harmed by the failure of the other party to comply with the contract may sue for breach of contract. Most states require that the injured party file a breach of contract lawsuit within a specified period of time, referred to as the statute of limitations. A sample court filing related to a breach of contract can be seen in Example A.
Example A
IN THE CIRCUIT COURT OF GWINNETT COUNTY
STATE OF GEORGIA …show more content…
At the time of the contract, Dauphin paid A & Z a deposit of $1,500 towards the balance that would be due at the completion of the work. At the end of the contract period, none of the unit had been painted (see Figure ). Dauphin contacted the painting contractor, but was told that the company was unable to complete the project at this time. Dauphin tried in good faith to resolve the issue with A & Z, but they refused to cooperate with