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Foundations in Law and Property

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The facts of the case state that the deceased and all other residents of the area covenanted with the Association to pay the annual dues and abide by the regulations of the latter in return for the maintenance of its internal and external condition of the housing area.The definition of a contract according to Blackwell is an agreement upon sufficient consideration, to do or not to do a particular thing (qt. Stanley 1998). This implies that a contract depends upon the existence of an agreement, a sufficient consideration, and an object of the agreement. The book Construction Law Handbook provides that there are four key elements for a contract to be valid. A contract must have an agreement between the parties. an intention or communication to be legally bound by that agreement, certainty as to the terms of that agreement, and consideration provided by each of the parties (Limited 2007).From the key elements above described the contract between the Residents Association and the elder Knight was valid. The deceased and the Residents Association freely agreed hence. there was consent by both parties. This fact of agreement and to be bound by such an agreement was assumed to have been communicated to one another most likely in writing. The terms and the consideration of the agreement are clear which consisted, inter alia, on the part of the deceased to pay his annual dues and abide by the rules and regulations of the Residents Association concerning the maintenance of the house. On the other hand, the Association must maintain the internal and external appearance of the property. The question however is whether or not Lewis Knight is bound by the agreement his father entered into with the Association.Since Gordon Knight died intestate, that is, without a will, the effect, therefore, is to for the English law to intervene which provides that his estate be conferred to his next of kin and divided (Muinzer 1987).