Dissertation on Contracts under California
Law
Dr. Nancy Agnes, Head, Technical Operations, Tutorsindia info@ tutorsindia.com
I. INTRODUCTION
One of the first factors to consider before entering
into a business arrangement is whether the
commitment or agreement in question would be
considered an enforceable contract under the law.
Although most contracts contain promises to do
anything (or not do something), not all promises
are contracts. What criteria does the California
law use to decide which contracts are enforceable
and which are not?
II. DESCRIPTION OF A CONTRACT UNDER
CALIFORNIA LAW
When deciding if a company or employment
arrangement should be followed, courts consider a
variety of factors. To begin, the court must decide
whether or not the arrangement is a contract. To be
considered a legal contract, an agreement must
meet the following requirements:
● One party must make a bid, which must be
accepted by the other.
● A bargained-for exchange of promises is
necessary, which means that something of
value must be offered in exchange for a
promise.
● A contract's terms must be reasonably precise
for a court to enforce them.
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III. CONTRACT COMPLIANCE UNDER
CALIFORNIA LAW
If a court finds that a contract exists, it must then
consider if it can be implemented. A court can
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refuse to enforce a contract for a variety of reasons.
These are known as contract defences. Contract
defences are meant to shield people from
unfairness during the negotiating process or in the
contract's material. If a contract has a valid
protection, it may be voidable, which means that
the person who was the object of the unfairness
may be able to cancel or terminate the contract. In
certain cases, the unfairness is so severe that the
contract is declared void, i.e., the court declares
that no contract was ever made. What are some of
the possible reasons for a court's refusal to enforce
a contract?
IV. CONTRACT DEFENCES: CALIFORNIA'S
CONTRACTING ABILITY
An individual must have the legal right to form a
contract in order to be bound by it. In California,
this legal skill is known as capacity to contract. An
individual who is unable to understand what he or
she is doing when signing a contract due to age or
mental illness can lack contracting capability. An
individual under legal guardianship because of a
mental disorder, for example, has no ability to
contract. Any contract signed by that person is null
and void. In other circumstances, a person's ability
to contract may not be entirely lost. The contract
will then be voidable at the request of the party
alleging incapacity, if the incapacity could be
proven.
V. ENFORCEMENT OF CONTRACT UNDER
CALIFORNIA LAW
To decide if you, the contract writer, are capable of
creating an enforceable contract, the court will
weigh a variety of factors. A minor, for example,
cannot normally form an enforceable contract. A
minor's contract may be terminated by either the
minor or his or her guardian. An individual has a
fair time after reaching the age of majority (18 in
1
most states) to cancel a contract entered into as a History, Faculty of Arts, University of
minor. If he or she does not void the contract
Malta).
within a reasonable time, it will be deemed ratified,
rendering it binding and enforceable. Can a 3. Birdlebough, S. C., & Wilkins, A. (2021).
contract be enforced if it is formed (or signed)
14. Legal Aspects of Conjunctive Use in
when an individual is inebriated or under the
influence of drugs? People who say they signed a California. In California Water (pp. 263-
contract while inebriated normally don't get much
270). University of California Press.
sympathy from the courts. A court would usually
cause a contract to be voided only if the other party 4. Honigsberg, C., Katz, S. P., Mutlu, S., &
to the contract was aware of the intoxication and
Sadka, G. (2021). State contract law and
took advantage of the intoxicated person, or if the
person was involuntarily intoxicated (e.g. someone the use of accounting information in debt
spiked the punch).
contracts. Review of Accounting
Studies, 26(1), 124-171.
VI. DEFENCES OF CONTRACT UNDER 5. Brown, K. D., Waughray, A., Khandare,
CALIFORNIA LAW: COERCION; DURESS,
UNDUE INFLUENCE, MISREPRESENTATION L., & Dau-Schmidt, K. G. (2022). Bostock
v Clayton County Game Changer: US
Federal Employment Law Now Covers
Coercion, intimidation, false claims, or
inappropriate persuasion by one of the contracting Caste Discrimination Based on
parties will result in the contract being voided. Untouchability. Forthcoming, New York
These circumstances are resolved by the defences
of duress, misrepresentation, and excessive University Review of Law & Social
influence: A party must prove that assent or Change, 46.
consent to the contract was caused by a severe
threat of unlawful or unjust action in order to 6. INSURER, N. R. CONFLICT OF LAWS-
invoke the protection of signing under duress. He JURISDICTION-ASSUMPTION OF
or she must also explain that they have no other
choice but to sign the contract. Duress is PERSONAL JURISDICTION OVER
exemplified by blackmail. NON-RESIDENT INSURER ON THE
VII. CONCLUSION BASIS OF A SINGLE INSURANCE
CONTRACT.

If you signed or formed a contract in California that Tutorsindia Academic Brand offers law
was broken, whether implicit, oral, or written,
contact a breach of contract attorney at a law firm dissertation and Assignment help. A
today to arrange a consultation. They can help you Genuine Academic Company with a presence
understand what aspects of the contract are across the World including the US, UK &
enforceable, how to assert a breach of contract, and
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when you can sue for breach of contract damages.
full dissertation across all the subjects. No
REFERENCES doubt, we have a subject-Matter Expertise help
you in writing the complete thesis. Get Your
1. Birmingham, M. (2021). California Master’s or PhD Research from your
Dreamin': Exploring the Golden State's Academic Tutor with Unlimited Support!
McGill Rule. Wayne St. UJ Bus. L., 4, 42
2. Xuereb, N. (2021). Cosmana Navarra
(1600-1687): the role of a female patron
of the arts in baroque Malta (Doctoral
dissertation, Department of Art and Art

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