- contract
- An agreement between two or more persons which creates an obligation to do or not to do a particular thing.As defined in Restatement, Second, Contracts No. 3:"A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty."A legal relationship consisting of the rights and duties of the contracting parties; a promise or set of promises constituting an agreement between the parties that gives each a legal duty to the other and also the right to seek a remedy for the breach of those duties. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. Lamoureux v. Burrillville Racing Ass'n, 91 R.I. 94, 161 A.2d 213, 215.Under U.C.C., term refers to total legal obligation which results from parties' agreement as affected by the Code. Section 1-201(11).As to sales, "contract" and "agreement" are limited to those relating to present or future sales of goods, and "contract for sale" includes both a present sale of goods and a contract to sell goods at a future time.U.C.C. No. 2-106(1).The writing which contains the agreement of parties, with the terms and conditions, and which serves as a proof of the obligation. Contracts may be classified on several different methods, according to the element in them which is brought into prominence. The usual classifications are as follows:See also- alteration of contract- breach of contract- collateral contract- compact- investment contract- literal contract- novation- oral contract- parol evidence rule- privity (privity of contract)- specialty.For "liberty of contract",See liberty
Black's law dictionary. HENRY CAMPBELL BLACK, M. A.. 1990.