A legal document, usually in writing, giving details of a formal legally binding agreement, between two or more different people or groups. To be legally binding it must contain certain elements:
it must contain an offer made by one party and accepted in its entirety by the other,
it must include some form of consideration whether it be money, goods or services, and
it must be properly signed by all parties to it, and dated.
A contract in which all elements of a contract are specifically stated (offer, acceptance and consideration), and the terms are set out, as compared with an implied contract in which the existence of the contract is assumed by the circumstances.
The power and authority constitutionally conferred upon (or constitutionally recognised as existing in) a court or judge to pronounce the sentence of law, or award the remedies provided by the law, upon a state of facts, proved or admitted, referred to the court or tribunal for decision, and authorised by the law to be the subject of investigation or action by that court or tribunal, and in favour of or against persons who present themselves, or who are brought, before the court or tribunal in some manner sanctioned by law as proper and sufficient.
The process whereby a party is made aware of the commencement of legal proceedings affecting their rights, obligations or duties.
Although the format may vary, there are strict requirements regarding service of a legal notice which must be adhered to if the legal notice to be effective.
Any matter of fact that a party to a claim or action offers to provide to prove or disprove an issue in the case.
The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, and may be viewed as circumstantial evidence.
Sep 11, 2012
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