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the contract may, by mutual assent of the parties, be extended for four (4) additionaltwelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months.
62) To be legally enforceable, the contract must meet a number of conditions imposed by law, such as multiple parties, (63) the capacity of the parties, (64) mutual assent, (65) and consideration.
Coverage includes consideration as benefit or detriment, consideration as bargain, alternatives to consideration, promise for benefit already received, manifestation of mutual assent, sequential assent by offer and acceptance, defenses to contract enforcement, defenses based on lack of capacity to contract, violation of public policy, statute of frauds, content and meaning of the contract, using extrinsic evidence to understand a contract, implied contract terms and provisions, express conditions, performance and breach under common law, repudiation, remedies at law, and third party rights and duties.
It is black letter law that the formation of a contract requires manifestation of mutual assent.
The most challenging element for NCUA enforcement is the mutual assent element.
Although Manhattan Nursing did not dispute the fact that none of its authorized representatives ever signed the arbitration agreement, it maintained that the parties' conduct evidenced a mutual assent.
In his dissent, Judge Julio Fuentes argued that that the employer intervened by asking another applicant to translate and "created a situation where lack of mutual assent could, and did, occur.
One court explained, "[a]n 'agreement' is broader than a contract and requires only a manifestation of mutual assent on the part of two or more persons; parties may enter into an 'agreement' without the formalities and accompanying legal protections of a contract.
an in-depth discussion of mutual assent in clickwrap, specifically the
In the particular case of expectation damages, the challenge is to see whether there can be such entitlements at the moment of contract formation and therefore fully established solely through the parties' expressions of mutual assent even in the absence of actual reliance.
The concept of mutual assent, or a meeting of the minds, is basic to contracting.
This case provides that the first step toward mutual assent is an offer by one of the parties and that mutual assent occurs when that offer has been accepted by the other party.
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