For example, promises are only gifts that are unenforceable, since the grantor`s personal satisfaction through the act of generosity is generally not considered a sufficient disadvantage to obtain reasonable consideration. According to the theory of the counterpart of negotiation for exchange, there is a quid pro quo when a celebrity makes a promise in exchange for something else. The important condition here is that the promise has received something specific for the promise to be made. This theory is different, since the purpose of barter negotiations is the main motive of the parties to make promises. In the event of a dispute, the court first decides whether an agreement is a contract or not. For an agreement to create a contract, it must have a valid acceptance of the offer, sufficient consideration, capacity and legality. The Offer allows one person or company to expect that the other party will be willing to be bound by the Offer to the proposed terms. The conditions that accompany the offer must always be clear and secure. A written contract can provide security and security to all parties involved. For example, employment contracts set out the terms of the relationship between the employer and the employee.
These terms specify the employee`s duties and responsibilities, compensation, and overall relationship. Vicki Schultz[3] notes that collectively, we have a common knowledge of most concepts. The way we interpret the reality of our actual understanding of a concept manifests itself through the various individual narratives we tell about the origins and meanings of a particular concept. The difference in the narratives, about the same set of facts, is what divides us. An individual has the ability to shape or understand something completely different from the next person. Evidence does not always lead to a clear attribution of the specific cause or meaning of a problem – meanings are derived through narratives. Reality and the facts surrounding them are personally subjective and loaded with assumptions based on clearly formulated facts. Anna-Maria Marshall[4] notes that this change occurs in framing because our perceptions depend on “new information and experiences”; it is precisely this idea that underlies Ewick and Sibley`s definition of legality – our everyday experiences shape our understanding of the law.
In an article on the normative phenomena of morality, ethics and legality, legality is defined, taking into account the role of the state, such as: The system of laws and regulations for good and bad behavior enforceable by the state (federal, state or local agency in the United States) through the exercise of its police powers and legal process. with the threat and application of sanctions, including its monopoly on the right to use physical force. [6] Legality can be defined as an act, agreement or contract consistent with the law or the state of legality or illegality in a particular jurisdiction. The legal principle that a defendant cannot be prosecuted for an act which is not declared a criminal offence in that court actually concerns the principle of legality, which is part of the overall concept of legality. [1] [2] The rule of law provides for the availability of rules, laws and legal mechanisms to implement them. Principle of legality to verify the availability and quality of laws. Legality checks whether a particular behavior is in accordance with the law or not. The concept of legal legitimacy refers to fairness or acceptance of fairness in the law enforcement process. In contract law, any enforceable contract presupposes the legality of the object. You may not validate or enforce a contract to conduct activities for an illegal purpose. [8] A written contract serves as an official document of the terms agreed upon by the parties. For example, it may stipulate that the principle of legality is the ideal of law, which requires that any right be clear, verifiable and not retroactive.
It requires decision-makers to settle disputes by applying previously declared legal standards and not to subsequently change the legal situation by way of derogations from the applicable law. [7] It is closely linked to legal formalism and the rule of law and can be derived from the writings of Feuerbach, Dicey and Montesquieu. The legality of the subject matter in contract law is constituted by the terms of the legal documents which are legally binding and enforceable. They often contain mutually agreed obligations and requirements. Any enforceable contract must have the legality of the object. Ewik and Silbey define “legality” more broadly than meanings, sources of authority, and cultural practices that are legal in a sense, although they are not necessarily approved or recognized by official law. The concept of legality is the possibility of examining “how and with what effect law is produced in and through everyday social interactions. How do our roles and statutes, relationships, obligations, privileges and responsibilities, identities and behaviour bear the seal of the law? [5] Legality means that an act is in accordance with the law. Ethics is about the concepts of right and wrong behavior.