Contract theory is the text that deals with normative and conceptual issues in contract law. One of the most important questions in contract theory is why contracts are applied. An important answer to this question focuses on the economic benefits of implementing bargains. Another approach, associated with Charles Fried, asserts that the purpose of contract law is to impose promises. This theory was developed in the book Fried Contract as Promise. Other approaches to contract theory can be found in the writings of critical lawyers and lawyers. There is no particular format that must be followed by a contract. In general, it will contain certain concepts, either explicit or implicit, that will form the basis of the agreement. These conditions may include contractual clauses or contractual guarantees.

Contracts are widespread in commercial law and form the legal basis for transactions worldwide. Contracts for the sale of goods and services (wholesale and detail), construction contracts, transport contracts, software licenses, employment contracts, insurance contracts, sale or lease of land, etc. In addition to ensuring that both parties agree on the terms of an offer, the second element that guarantees the validity of a contract is that both parties exchange something valuable. This is important because it distinguishes a treaty from a unilateral declaration, or even a gift. “Something of value” could be a promise to provide certain services from one party, while the other party agrees to pay a fee for the work done. Each contracting party must be a “competent person” with the force of law. The parties may be individuals (“individuals”) or legal entities (“companies”). An agreement is reached if an “offer” is adopted.

The parties must intend to be legally connected; and to be valid, the agreement must have both a correct “form” and a legitimate purpose. In England (and in jurisdictions using the principles of the English treaty), the parties must also exchange “counterparties” to create a “reciprocity of engagement,” as in Simpkins/Country. [40] According to the common law, the elements of a contract are; offer, acceptance, intention to create legal relationships, consideration and legitimacy of form and content. Some arbitration clauses are unenforceable and, in other cases, arbitration may not be sufficient to resolve a dispute. For example, disputes over the validity of registered intellectual property rights may be settled by a public body within the national registration system. [123] In the case of matters of significant public interest that go beyond the narrow interests of the parties to the agreement, such as allegations that a party breached a contract by committing unlawful anti-competitive conduct or committing civil rights violations, a court may find that the parties may assert one or all of their rights before contracting out. [124] As a general rule, the courts do not weigh on the “proportionality” of the counterparty, provided that the consideration is defined as “sufficient” and that a sufficient review is considered a review, while “adequacy” is subjective fairness or equivalence.