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FACULTAD DE DERECHO Y CIENCIAS POLÍTICAS

ESCUELA PROFESIONAL DE DERECHO

Trabajo Final “The Contract”

DOCENTE : Mg. Karen Yenifer Escalera Vicente


ALUMNOS : Rusbel Florentino Chambi Copari
Tania Flora Jarecca Coaquera
CURSO : Inglés Jurídico
TURNO/SALÓN : Mañana – “A”
UNIDAD : Tercera

TACNA – PERÚ
2021
“The Contract”

1. Definition:
The contract is an agreement between two or more parties which can be enforceable
by law. Contract is based in common law.
We can say that a Contract = Agreement + Enforceability at Law
It is important to take into account that all contracts are an agreement, but all
agreements are not contracts.

2. Elements of contract
A legally enforceable contract requires:
Elements of contract
Offer: An offer is a promise made by the offeror to another party
to enter into an agreement on certain terms.
Acceptance: Occurs when an offeree (buyer) agrees to be mutually
bound to the terms of the contract by giving. Usually when
the parties sign the contract.
Consideration: The mutual exchange of something in value (two things
must be exchanged) or the money or something of value
being exchanged between the parties.
Mutuality: Both parties must intend to be legally bound. A legally
recognized offer and an acceptance creates a “meeting of
the minds”, or mutual assent, between the parties.
Capacity: A person’s legal ability to enter into a contract. Have no
capacity:
• Under the age of 18.
• Under the influence of substances
such as illegal drugs, alcohol or
medicines.
• Limited mental capacity.
Legality: Legally enforceable terms and conditions, also called
object of the contract.

Example:
Lisa and Peter entered into an agreement that Lisa offered to sell his land for a
consideration of $ 20 000 and Peter accepted the offer by paying the consideration to
Lisa. This contract is valid.

• Offer : sell his land for a consideration of $ 20 000


• Acceptance : Agree
• Consideration : land and $ 20 000
• Mutuality : recognized offer
• Capacity : Legal ability
• Legally : This contract is valid
3. Types of contract:

On basis of validity

• Valid contract
• Void contract
• Voidable contract
• Unenforceable contract

On basis of the formation

• Express contract
• Implied contract
• Quasi contract

On basis of the performance:

• Unilateral contract
• Bilateral contract
• Executed contract:
An executed contract is a legal document that has been signed off by the people
necessary for it to become effective.
It is a contract where both the parties have fulfilled their respective obligations
under the contract.

4. Example:

John has been looking at a car he wants at a car lot, debating whether to buy it.
Finally deciding to make the purchase, John walks into the dealership, signs a
purchase contract, pays for the car in cash, and walks out with the keys to the car.

5. Structure of a contract
CONTRACT OF OBLIGATION TO DO
This document establishes the Contract of obligation to make CLOTHING
(PERSONAL UNIFORMS), which is celebrated on the one hand by the District
Municipality of Chocope, with RUC No. 20175640135, with address at Calle
Bolívar No. 291 - Plaza de Armas Chocope, Ascope, La Libertad, hereinafter
referred to as "THE MUNICIPALITY", duly represented by Lic. HECTOR
RICARDO BOCANEGRA ARBULÚ with ID No. 18840042, District Mayor; and
on the other hand, Mr. TEODORO RIVAS TICLE VICTORIANO, identified
with ID 17824416, domiciled at Jr. Grau No. 378, in the city of Trujillo, La
Libertad Region, who will be referred to as "THE LANDLORD"; under the
following conditions and clauses:
CLAUSE ONE.- GENERAL
1.1 LEGAL BASIS
This Contract is in accordance with the provisions of the Single Ordered Text of
the Law of Contracting and Acquisitions of the State approved by Supreme Decree
No. 083-2004-PCM, its Regulations approved by Supreme Decree No. 084-2004-
PCM.
SECOND CLAUSE.- OBJECT OF THE CONTRACT
It is the object of this Contract, it is the manufacture of clothing for the staff in
general who work within the District Municipality of Chocope.
THIRD CLAUSE.- CONTRACT AMOUNT:
For the completion of the works, the Municipality undertakes to pay THE
LESSOR the sum of THIRTEEN THOUSAND THREE HUNDRED
OFFER SEVENTEEN AND 00/100 Nuevos Soles (S /. 13,317.00), Amount that will be
paid as follows:
- 50% at the time of signing the contract.
- 50% at the time of delivering the product.
FOURTH CLAUSE.- PERIOD OF EXECUTION OF THE WORK
THE LESSOR undertakes to execute the WORK within a period of THIRTY (30)
calendar days, upon signing the contract.
FIFTH CLAUSE.- OBLIGATIONS OF THE LANDLORD
By virtue of this contract, THE LANDLORD undertakes to comply with the
satisfaction of the District Municipality of Chocope, the obligations of
Manufacture of clothing at all costs, as detailed below.
• Eighteen men's suits, cardi wool
• Eighteen men's shirts, polypima
CONSIDERATION • Nine suits for ladies. Lanilla cardi
• Nine polypima ladies blouses
• Twenty-five denim jackets
• Twenty-five denim pants
• Fifty men's denim shirts
• Two denim vests, for transport
The landlord undertakes, to carve the staff, to test the garments before they are
finished, as well as to rectify if necessary.
CLAUSE SIX.- OBLIGATIONS OF THE MDCH
By virtue of this Contract, the MDCH undertakes to comply with the payment
obligation described in the third clause.-
CLAUSE SEVEN.- SETTLEMENT OF DISPUTES
The parties agree that any controversy or claim that arises between the parties
from the signing of the contract, regarding its execution, interpretation, resolution,
non-existence, ineffectiveness or invalidity, will be definitively resolved by
arbitration of law, in accordance with the regulations of contracting and state
acquisitions.

CLAUSE EIGHT.- RESOLUTION OF THE CONTRACT


The MDCH may terminate the Contract in accordance with Section c) of Art. 41
of the TUO, for reasons attributable to THE LESSOR.
LEGALITY Likewise, the parties may terminate the Contract by mutual agreement for causes
not attributable to them or due to unforeseeable circumstances or force majeure;
in accordance with the provisions of Art. 45 of the TUO.
CLAUSE TENTH.- FINAL
Aspects not stipulated in this Contract will be governed by the provisions of the
ACCEPTANCE TUO, the Regulations and additionally by the regulations of the Civil Code.
By agreeing to each and every one of the clauses of the Contract, the parties
approve it and sign it in Chocope on the twenty-fifth day of March 2008.

PERSONA QUE EDITO EL VIDEO: RUSBEL CHAMBI COPARI

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