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The legal parts of a contract are known as âtermsâ. An employer should make clear which parts of a contract are legally binding. Contract terms could be: 1  in a written contract, or similar document like a written statement of employment. 2  verbally agreed. 3  in an employee handbook or on a company notice board.
A contract has to be made up of several elements for it to be considered a legally-binding agreement. First, there must be offer and acceptance, or two or more parties agreeing to the terms. Next, both parties must be competent, or free of mental illness. All parties must mutually agree to the terms of the contract. Finally, there must be consideration, or an exchange of one thing of value for another. Our focus is on capacity and how the law views the legality of a contract when one or more of the parties is mentally ill. In the eyes of the law, a contract is voidable if a person is proven to have mental incapacity. Mentally ill can take on a few different diagnoses. One is considered mentally ill if the person suffers from: 1  Schizophrenia.