Short answer

A contract must contain an offer, acceptance, consideration, capacity, legality, and mutual assent.

Key points

  • Offer: clear proposal communicated to the other party
  • Acceptance: agreement to the exact terms
  • Consideration: something of value exchanged
  • Capacity: parties must be competent and of legal age
  • Legality & mutual assent: lawful purpose and genuine agreement

A valid contract requires six core elements: an offer, acceptance, consideration, capacity, legality, and mutual assent.

Offer and acceptance

The offer is a specific proposal presented by one party. Acceptance occurs when the other party agrees to those exact terms; any change is a counter‑offer.

Consideration and capacity

Consideration means each side gives something of value—money, services, or a promise. Both parties must have legal capacity, meaning they are of sound mind, legal age, and not impaired.

Legality and mutual assent

The contract’s purpose must be lawful; agreements to break the law are unenforceable. Mutual assent ensures all parties understand and voluntarily agree to the terms, free from coercion or deception.

Frequently asked questions

Can a contract be enforced without consideration?

Generally no; without consideration the agreement is treated as a gift and lacks the legal obligation needed for enforcement.

What happens if one party lacks capacity?

A contract with a minor or someone who is mentally incapacitated is usually voidable, meaning the disadvantaged party can cancel it.

Is a verbal agreement a valid contract?

A verbal agreement can be enforceable if it meets all six elements, though proving its terms may be more difficult than with a written contract.

See also

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