Agreement Per Se: What It Means and Why It Matters
As a copy editor with experience in search engine optimization (SEO), I often come across the term “agreement per se” in legal documents, contracts, and other texts. This Latin phrase is essential to understanding the legal concept of contracts and is fundamental to the success of any business agreement.
Simply put, agreement per se means an agreement in and of itself. It refers to the fact that a contract, once formed, is binding and enforceable, regardless of whether it is in writing or not. In other words, an agreement is valid and enforceable as long as there is an offer, acceptance, and consideration.
Without agreement per se, business transactions could be chaotic, and there would be no way to ensure that parties follow through on their promises. When two parties enter into a legally binding agreement, they are effectively making a promise to each other to fulfill their obligations under the contract.
The concept of agreement per se is particularly important in situations where the terms of the contract are not explicitly spelled out. In such cases, the courts may rely on the general principles of contract law to determine the intention of the parties and to interpret the terms of the agreement.
It is important to note that an agreement per se does not mean that the parties must perform their obligations perfectly, but rather, they must make a good faith effort to do so. In other words, if the parties have made a legitimate effort to perform, but a circumstance beyond their control prevents them from doing so, they may be excused from performance.
In conclusion, agreement per se is a fundamental concept in contract law that ensures the validity and enforceability of business agreements. It is essential to understand this concept as it can impact the success of any business transaction. By ensuring that all agreements entered into are legally binding and enforceable, parties can avoid disputes and legal hassles down the road.