An agreement which is legally bindingbetween the parties
In Malaysia, the governing legislationis CONTRACT ACT 1950.
CREATE LEGAL RELATION
The parties must have intended theiragreement to have legal consequences.The law will not concern itself withpurely domestic or social agreements.
CERTAINTY
The terms and conditions must beclear in meaning. When the terms arevague it is difficult for the courts toconstrue what in actual fact wasagreed by the parties and what arethe obligations and duties arisingfrom such terms.
LEGAL CAPACITY
Parties entering contract mustcompetent/ have legal capacity tocontract.
Section 11 of Contracts Act 1950:
A person is competent to a contractis
Of the age of majority according tolaw
Of sound mind
Not disqualified from contracting byany law
ACCEPTANCE
When the party accept the offerfrom offeror
the acceptance can be make in word(express) or by other than word(implied)
CONSIDERATION
Both parties must have providedconsideration, ie, each side mustpromise to give or do something forthe other.