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Simple English definitions for legal terms
mixed contract
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A quick definition of mixed contract:
A mixed contract is an agreement between two or more parties that creates obligations that can be enforced by law. It can refer to the series of actions taken by the parties, the written document that records the agreement, or the legal relationships that result from the agreement. A contract is essentially a promise or set of promises that the law recognizes as a duty, and if broken, can be remedied. While the term "contract" can also refer to the written document, it is important to understand that the legal concept of a contract is based on the agreement itself, not the physical document.
A more thorough explanation:
A mixed contract is a type of agreement between two or more parties that creates enforceable obligations recognized by law. It can refer to:
- The series of actions taken by the parties to create new legal relations
- The physical document that serves as evidence of the agreement
- The legal relations resulting from the agreement, including rights and duties
For example, a contract between a homeowner and a contractor to renovate a kitchen would be a mixed contract. The agreement would involve the parties discussing the scope of work, signing a written contract, and then carrying out the renovation. The legal relations resulting from the agreement would include the homeowner's right to a completed renovation and the contractor's duty to perform the work according to the agreed-upon terms.
It's important to note that the term "contract" can also refer to the physical document that outlines the agreement, but this is not the primary definition used in legal contexts.