Formation of Contract
Under Thai law, "formation" refers to the process of creating a valid and enforceable contract. This involves several key elements:
Offer and Acceptance: One party must make a clear offer, and the other must accept it unequivocally.
Consideration: There must be an exchange of value between the parties.
Mutual Consent: Both parties must agree to the terms willingly and without coercion.
Legal Capacity: The parties must have the legal capacity to contract, meaning they are of legal age and sound mind.
Legality: The contract’s purpose must be lawful and not against public policy or morals.
Once these elements are satisfied, the contract is considered formed and legally binding, establishing the parties' rights and obligations.
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