Question

You are the Privacy Officer at Quality Hospital you are seeking to enter into a contract with a release of information company. What important elements would you include in the contract (that is, the business associate agreement)? Which three elements do you think are the most important? Why?

Answer 1

#. Contract :-

a legally enforceable agreement that is created when two or more competent parties agree to perform, or to avoid performing, certain acts that they have a legal right to do and that meet certain legal requirements; "a promise for a promise"; state law enforces contracts.

#. Six elements necessary to have a contract :-

- Offer (instructor combines this with mutual agreement) Proposal made by one party, the offeror, to another party, the offeree, that indicates a willingness to enter into a contract.

- Mutual agreement (instructor combines this with offer and acceptance)

the state of mind that exists between an offeror and an offeree when a valid offer has been accepted, and the parties know what the terms are and have agreed to be bound by them; mutual agreement is also known as "a meeting of the minds"

- Consideration

the promise to give up something of value that a party to a contract has a legal right to keep, or to do something that the party is not otherwise legally required to do

- Competent parties

being mentally capable of understanding the terms of a contract

- Legality of purpose

the requirement that the intent of a contract be legal for the contract to be enforceable

- Proper form

the requirement that the form of a contract be correct for the terms of the contract to be enforceable

According to me the three elements which are most important are the offer , competence and legality because in a buisness the offer must be such attractive that the another party should be at first itself , competent should be parties so that they are well aware of its pros and cons , Legality is very important to avoid the later conflicts .