The essential elements of a contract are
Offer: An offer is a proposal made by one party to another, indicating a willingness to enter into a contract on certain terms. It must be communicated clearly and unambiguously to the other party.
Acceptance: Acceptance is the unqualified and unconditional agreement to the terms of an offer. It must be communicated to the offeror and must be in response to the offer.
Consideration: Consideration is the benefit or detriment that each party receives from the contract. It must be something of value, and it must be bargained for and given in exchange for the promises made in the contract.
Intention to create legal relations: The parties must intend to create a legally binding agreement. Contracts made in a social or domestic setting are generally not considered legally binding, while contracts made in a commercial or business setting are presumed to be legally binding.
Capacity: The parties must have the legal capacity to enter into a contract. This means they must be of legal age, mentally competent, and not under duress or undue influence.
Legality: The contract must not be illegal or contrary to public policy. Contracts that involve the commission of a crime, the promotion of immorality, or that are harmful to society in some way are generally considered illegal or unenforceable.
Certainty: The terms of the contract must be certain and definite. The parties must be able to understand the terms and conditions of the contract, and there must be no ambiguity or uncertainty about the obligations and responsibilities of each party.
These elements must be present in a contract for it to be legally enforceable. It is important to ensure that all parties involved in the contract fully understand the terms and conditions before signing, and that the contract is drafted in a way that protects the interests of all parties involved.