The contractual relationship definition is a legal relationship between two or more parties which is evidenced by:

  • The presentation of an offer
  • Acceptance of the proffered offer
  • A valid consideration (legal and valuable)

By itself, the mere existence of a contractual relationship does not mean that it is enforceable or not voidable. Contractual relationships in terms of employment relationships are covered in the Employment Relationships Act, Code of Obligations, or other kinds of relevant legislation.

Employees can sign work contracts or copyright transfer contracts which binds them to do certain work for the client company and which, in turn, binds the company to pay the agreed-upon remuneration to them. Although employment and contractual relationships are similar, the position of the contracting parties differs. In an employment contract, the employer is superior to the worker while the worker and employer are equal in a contractual relationship.

Before stipulating and agreeing to the terms of an employee contract, both parties need to:

  • Decide on the duration of the collaboration (whether short-term or long-term)
  • Decide if the contract is for the provision of a certain service

In the latter case, a contractual relationship is best since it allows for greater freedom and flexibility. Such relationships are not meant for continual work relationships where the employee needs to follow the express instructions of the employer.

Understanding Contractual Relationships

According to 42 USC § 1981, which allows for equal rights under the law, individuals within the jurisdiction of the U.S. shall have the same right in every territory and state to:

  • Make and enforce contracts
  • Bring forth lawsuits
  • Give evidence
  • Be party to, and enjoy the full benefits of all proceedings and laws for the security of property and individuals
  • Be subjected to exactions, licenses, taxes, penalties, pains, and punishments of any kind

Definition of “Make and Enforce Contracts

The phrase “make and enforce contracts” refers to the making, modification, termination, and performance of contracts as well as the enjoyment of all terms and conditions, benefits, and privileges of the contractual relationship. The job of police officers is to protect your right to be put in pain, punished, taxed, penalized, extorted, or forced to obtain licenses while the service of privileges and benefits of extortion through the formal process, notice, and summons is requisite to that protection — the protection of the government's right to extort.

However, the key aspect for the implementation of service and protection is based on the definition of what a contractual relationship is. This relationship must be fully understood if you want to fight against legal extortion through the use of contracts. Before the police interact with you as a licensed or contracted citizen (i.e. serve you with a notice, summons, or process), they must positively identify you through a license or other form of identification.

Agreeing to a contractual relationship means accepting the service and protection of the other party as well as being liable to be arrested, punished, and put in pain for non-compliance with the terms of the contract. Before police can lawfully interact with an individual, the individual must be legally contracted to the government, which gives the officer the authority and jurisdiction (through your consent and permission) to carry out his duties. As a licensed driver and citizen, you have agreed to this contractual relationship, and, as such, are subject to its terms and conditions.

Also known as interference with contract, procurement of breach of contract, induced breach of contract, or interference with a contractual relationship, tortious interference with contractual relations refers to the intentional interference of a third party to induce one of the contracting parties to break a contract. This inducement causes damage to the contractual relationship between the contracting parties. The tortfeasor convinces one of the parties to breach contract against the other contracting parties or disrupts the ability of any of the contracting parties to fulfill the terms of the contract. In the latter case, the expected performance is affected, thus resulting in a contract breach.

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