Binding Agreements

Implied contracts are genuine contracts in which the parties obtain the “benefit of the agreement”. [55] However, contracts implied by law are also called quasi-contracts and the solution to this situation is Quantum Meruit, the fair value of the goods or services supplied. We want a series of enforceable supply chain agreements that address specific issues within the supply chain. We want them to define concrete measures as well as implementation, follow-up, complaint mechanisms and redress. A non-binding contract is an agreement that has failed, either because it does not have one of the key elements of a valid contract, or because the content of the treaty makes it unenforceable by law. The alternative we are advocating is binding agreements that address the root causes of major problems. The promises contained in these documents are legally binding, unlike the many sublime words that brands establish to ride the wave of “sustainable” consumption. This does not depend on their subjective state of mind, but on the reflection on what was communicated between them by words or behaviors and whether it objectively leads to the conclusion that they wanted to establish legal relations and that they had agreed on all the conditions that they considered essential or that the law requires to establish legally binding relations. Second, we want to see applicable supply chain agreements on wages. If the contractual conditions are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law.

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