Whether or not a legally binding agreement exists depends on the existence of all the elements of a contractual relationship. If this is the case, the document could be an „interim contract“ until the conclusion of a full formal agreement or a simple contract in its current form. If all the elements are not there, the pre-contractual documents can simply be an agreement and such an agreement is not legally binding. In the United States, an unusual type of unenforceable contract is a personal employment contract to work as a spy or secret agent. This is due to the fact that the secrecy of the contract itself is a condition of the contract (in order to preserve a plausible negation). If the spy then sues the government over issues such as salary or social benefits, the spy has breached the contract by revealing its existence. Companies then began to include in their customer agreements arbitration agreements that required their customers to settle disputes. [127] [128] The Common Law describes the circumstances in which the law recognizes the existence of rights, privileges or powers arising from a promise. Finally, a modern concern, which has increased in contract law, is the increasing use of a particular type of contract known as „membership contracts“ or form contracts. This type of contract may be beneficial for some parties, since in one case the strong party has imposed the contractual terms of a weaker party.
For example, mortgage contracts, rental agreements, online sales or signing agreements, etc. In some cases, the courts view these membership contracts with particular scrutiny because of the possibility of unequal bargaining power, injustice and impitoyability. A contract that is implicit in the law is also called a quasi-contract, since it is not, in reality, a contract; Rather, it is a means for the courts to remedy situations in which one party would be unduly enriched if it were not required to compensate the other. Quantum meriduit claims are an example of this. Resignation is the cancellation or cancellation of a contract. There are four different ways to set aside contracts. A contract may be considered „invalid“, „questionable“ or „unenforceable“ or declared „inoperative“. . . .
