3. 3
What is the contract
The first requisite of a contract is
that parties should have reached
agreement.
Generally speaking an agreement
is made when one party accepts
an offer made by the other
5. 5
An offer
An offer is made where a person
(the offeror) expresses to another
(the offeree) his willing to make a
binding agreement. An offer may
be made to a specific person, to a
group of people, or to the world at
large.
6. 6
In other wards
An offer is a statement that the
person making it is willing to
contract on the terms stated
An offer may be made to an
individual or to group of persons
or to the world at large
7. 7
Forms of offer
The offer may be made expressly
or by conduct.
The taxi driver who park his taxi
in taxi rank setting behind the
steering wheel, he is making an
offer
8. 8
The offer must be definite, not
vague or illusory. In other words it
must be a final proposal with a
view to acceptance. Hence an
invitation by one party to the other
to negotiate or to make an offer in
not offers.
9. 9
Acceptance
The basic rule is that for an
acceptance to be effective it must be
of the precise terms of the offer.
An offer has no validity unless and
until it is communicated to the offer so
as to give opportunity to accept or
reject.
10. 10
formalities
Neither offer nor acceptance needs to be
in any particular form.
An acceptance may be express, as
where the offeree accepts the offer by a
written or oral statement, or it may be
manifested by the offeree’s conduct.
It is usually said that not only must the
offer be accepted, but the acceptance
must be communicated to the offeror.
12. 12
Termination of Offers
Not all offers are accepted of
course. Sometimes before an
offer is accepted the offeror may
regret that he made it and wishes
to argue that the offer is no longer
open for acceptance. The offers
may be terminated for a variety of
reasons.
14. 14
Revocation
The offer can be revoked at any
time until it has been accepted.
When the offeror states that his
offer is open for a period of time,
he cannot withdraw such an offer
before the lapse of that period.
15. 15
Lapse of time
Many offers are explicitly made
for a fixed period. In such a case,
the offer automatically comes to
an end when the period runs out.
If there is no express time limit,
the court will usually hold the offer
is open for a reasonable time and
decide what a reasonable time is.
16. 16
The Essential Elements of the
Contract
Under the Bahrain law certain
essential elements must be
fulfilled in order to create a valid
contract. Those are:
17. 17
Consent to contract
Consent to contract: The parties
must have consent to contract. In
order to have a valid contract,
consent to a contract must not be
affected by any of these defects:
Duress, Deceit Mistake,
misrepresentation and gross
disparity.
18. 18
A valid consent should be
expressed by a competent
person. Capacity to contract:
Every person has the capacity to
contract unless he/she is
incapacitated, or he/she enjoys
limited capacity.
19. 19
Subject-Matter: Every contract
must have a subject-matter. The
subject matter must be either
property, benefit or any other
financial right. If the subject
matter of contract is contrary to
public order or morals, then such
contract is void.
20. 20
Cause: It is the direct purpose for
which a contract has become into
being. The cause must be
existent, valid permissible and not
contrary to public order or morals.
21. 21
So it can be said that the
essential elements of any
agreement to constitute a contract
are the following:
Consent.
The object being lawful.
The reason.