Law Pointers

Cell phones are increasingly used in the modern world. They are no longer a luxury, but are considered a need. They can send and receive e-mail, get information on news, entertainment, make a call home while traveling and contact the police or the ambulance during an emergency.

The radio, telephone and computer technology fused together to make the cell phone technology. Nevertheless, with the advancing technology, marketing became much tougher, and cell phone operators devised numerous clauses in their contracts to ensure that their competitors do not erode their customer base. Thus the cell phone contract was born.

A cell phone contract is an agreement between the buyer and the wireless cell phone service provider. Usually it is of 1 or 2 years of duration, during which a consumer is legally bound to remain with the wireless service provider. Certain operators give a trial period to their consumers. After the trial period of 14 or 30 days is over, when the contract is entered upon and the phone is bought, the penalty for breaking the contract can range from $150 to $600, depending on where the phone was bought.

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The law on obligations and contracts is simple. It states that once all the essential and formal requisites of a contract have been complied with, then such agreement or covenant is considered as law between the parties. Further, no signatory to such a pact may be absolved from the performance of his or her obligation unless the interest of justice and fair play requires.

To put it more blatantly, a contract is an agreement entered into by two or more parties having the ample personality, capacity, and eligibility to contract. Thus, upon finding that the subject of such agreement is well within the confines set forth by our laws, and public policy, then any provision, obligation, or duty incumbent upon any party to perform must be complied with in good faith. If a party’s act runs counter to any of said lawful provision, then a cause of action for breach of contract is available to the other party.

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Of the various agreements made some are social or domestic; some others are contracts - legally enforceable.

Jones -v- Padavattan 1969 was about an agreement between a mother and daughter ~the mother had promised to support her daughter during her studies the daughter argued -the judge decided that it had not been intended to be legally binding, so it was a domestic agreement.

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So what if you want to get out of a contract? Some valid reasons for not fulfilling a contract - sometimes called “defenses” - include:

Duress is an overcoming of the will by force or other means. A contract made under duress isn’t enforceable. An example would a person holding a gun to your head to get you to sign a contract.

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