Persons face the necessity to enter into different types of contracts regularly, and the success of these contracts depends on the conditions according to which they are designed and used. There are five essential elements of contracts according to which the validity of a contract is regulated. To define a contract as an enforceable and valid, it is necessary to focus on such criteria and components as the offer, acceptance, consideration, legality, and capacity. Thus, one party of the agreement provides the offer, and the other person accepts it according to the stated terms and conditions. The adequate consideration should be realized in order to speak about the agreement as the relevant and valid contract. The aspects of the legality and capacity should be followed strictly in order to avoid the associated legal issues (Rogers, 2012). Contracts with the Internet service providers can be valid or not with references to the aspect of legality and the parties’ approaches to following the conditions of the contract. To understand the role of the discussed elements for determining the parties’ rights and responsibilities, it is necessary to examine the details of the Internet service contract. The contract with the Internet provider can be discussed as enforceable and valid because it was developed according to the five essential elements, and it provided the regulation principles related to the most controversial points of the agreement.
The contract with the Internet service provider was successfully fulfilled because of the concentration of both the parties on the legal areas of the realized transactions and stated agreement. The responsible approach to working out and following the contract can guarantee the satisfaction of both the sides participating in the enforceable agreement (Rogers, 2012). The offer to enter into the contract was initiated by the Internet service provider with the help of the advertisement brochure. The brochure included the conditions on which the potential contract could be based. The future subscriber accepted the offer and conditions because of coming to the office and asking for the Internet service. The next step was the realization of the offer and acceptance stage fixed in the written contract form with the highlighted terms and conditions.
The aspect of consideration is associated with resolving the financial issues. The Internet service provider asked for the definite price for guaranteeing the unlimited Internet connection to the subscriber. The associated conditions such as the introductory period with the lower fees and bonuses were discussed and fixed in the contract. In his turn, the subscriber agreed with the conditions to guarantee the timely and appropriate payment for the services according to the fixed prices. Such possibilities as the purchase of the modem proposed by the Internet provider’s company were fixed in the contract in relation to conditions for changing the terms and points of the contract.
The concept of legality means that the points presented in the contract do not violate the public policies and legal norms. Any violations of the contract by the Internet service provider and subscriber are discussed in the contract in relation to such an issue as the needs for cancellation. The problem is in the fact that subscribers often decide to terminate the contract before the end of the minimal contract period. Such possibilities should be clearly discussed in the contract in order to avoid the violation of the legal norms (Koffman & Macdonald, 2007). The discussed contract with the Internet service provider was not voided because the controversial questions of the minimal contract period and cancellation charge were previously fixed in the contract, and the subscriber had the opportunity to analyze the benefits and disadvantages of terminating the contract.
Furthermore, the contract can be discussed as valid because the aspect of legality was closely associated with capacity factor. The discussed and stated conditions for providing the Internet connection to the subscriber could guarantee following the terms and conditions thoroughly because all the problematic questions were discussed in the contract. The subscriber had additional questions about the responsibility for the equipment and modem provided by the Internet service provider. The standard contract form include all the necessary information on the conditions and limitations, and these points were explained to the subscriber and highlighted in the contract in order to pay more attention to these aspects during definite doubtful situations.
The success of the contract between the subscriber and the Internet service provider depends on following the norms of the contract law strictly and on fixing all the controversial points in the written contract form in order to avoid the doubtful and problematic situations in the future. The focus on the five essential elements of the contract such as the offer, acceptance, consideration, legality, and capacity guarantees the contract’s validity. The discussed and fixed dates, terms, conditions, and limitations also present the subscriber and provider the possibilities to regulate the problematic situations according to the principles of the contract law reflected in the concrete formal agreement.
References
Koffman, L., & Macdonald, E. (2007).The law of contract. USA: Oxford University Press.
Rogers, S. K. (2012).Essentials of business law. USA: Bridgepoint.