Recognition of a contract as concluded is not the most common practice, but there are still a number of cases in which the court is likely to agree to the recognition of the contract as valid, despite an attempt to terminate it by one of the parties.
Necessary
- -contract;
- -lawyer.
Instructions
Step 1
First of all, follow all the formalities when concluding the contract. The contract is considered valid if there was a delegated proposal from one of the parties, and the other party has expressed its consent, fully confirming all of the above items. Example: you are offered to buy a car for a certain amount. You agree to the purchase, but change the specified amount. Such an agreement is not valid, as the agreement changes the rules of the agreement. In this case, this type of consent is just a new proposal to conclude a contract, which must be followed by the consent or refusal of the party. Silence is considered consent only if you do not receive an answer, but, for example, the car was driven to your front door. That is, the confirmation of consent can be regarded as the action of one of the parties.
Step 2
Check all the details of the transaction. If you did not exercise reasonable caution when, for example, buying an apartment, and the transaction turned out to be illegal, it will be very difficult to prove your case. However, keep in mind that there is a doctrine according to which the rights of third parties will be protected by the court. Example: You are selling a car to a dealer who already has a contract with a third party to buy it. Even if the intermediary violates the contract, the court will still insist on the right to purchase the car by a third party.
Step 3
When concluding a contract, try to keep correspondence, which could then serve as proof of your innocence. The contract is considered valid, provided that both parties understand that in case of non-fulfillment of the contract, the proceedings will be held in court. Pay attention to the title of the document. The "Agreement" gives you a better chance of being recognized as concluded, while the "Memorandum" can be considered an option of consent not subject to judicial review.
Step 4
Contact a good lawyer, use his services at all stages of the transaction.
