§ 13-3-2. Contract Incomplete Without Assent of Parties to Terms Thereof; Withdrawal of Bid or Proposition by Party
The consent of the parties being essential to a contract, until each has assented to all the terms, there is no binding contract; until assented to, each party may withdraw his bid or proposition. History. Orig. Code 1863, § 2689; Code 1868, § 2685; Code 1873, § 2727; Code 1882, § 2727; Civil Code 1895, […]
§ 13-3-3. When Written Acceptance of Offer Made by Letter Takes Effect; Acceptance of Offer Containing Alternative Propositions
If an offer is made by letter, an acceptance by written reply takes effect from the time it is sent and not from the time it is received; hence, withdrawal of the offer by the offeror after that time is ineffective. If an offer contains alternative propositions, the party receiving the offer may elect between […]
§ 13-3-4. Effect of Conditions Precedent or Subsequent Upon Rights of Parties Under Contracts
Conditions may be precedent or subsequent. A condition precedent must be performed before the contract becomes absolute and obligatory upon the other party. The breach of a condition subsequent may destroy the party’s rights under the contract or may give a right to damages to the other party, according to a true construction of the […]
§ 13-3-5. Effect of Impossible, Immoral, and Illegal Conditions
Impossible, immoral, and illegal conditions are void and are binding upon no one. History. Orig. Code 1863, § 2685; Code 1868, § 2681; Code 1873, § 2723; Code 1882, § 2723; Civil Code 1895, § 3640; Civil Code 1910, § 4225; Code 1933, § 20-111. Law reviews. For article discussing the anachronistic nature of the […]
§ 13-3-1. Essentials of Contracts Generally
To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate. History. Orig. Code 1863, § 2682; Code 1868, § 2678; Code 1873, § 2720; Code 1882, […]