6 Key Elements of a Contract

1. Offer. An offer can be oral or written as long as it is not required to be written by law. It is the definite expression or an overt action which begins the contract. It is simply what is offered to another for the return of that person's promise to act. It can not be ambiguous or unclear. It must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and / or terms it is offered.

2. Acceptance. As a general proposition of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, can not be withdrawn, nor can it exceed the terms of the offer, or alter it, or modify it. To do so makes the acceptance a counter-offer. Although this proposal may vary from state to state, the general rule is that there are no conditional acceptances by law. In fact, by making a conditional acceptance, the offeree is rejecting the offer. However the offerer, at his choosing, by act or word which shows acceptance of the counter-offer, can be bound by the conditions tendered by the offeree.

3. Consideration. Consideration for a contract may be money or may be another right, interest, or benefit, or it may be a reduction, loss or responsibility given up to someone else. Consideration is an absolutely necessary element of a contract. As a word of caution, it should be noted that consideration has to be expressed agreed upon by both parties to the contract or it must be expressly accepted by the terms of the contract. A potential or accidental benefit or detriment alone would not be construed as valid consideration. The consideration must be explicit and sufficient to support the promise to do or not to do, whatever is applicable. However, it should not be of any particular monetary value. Mutual promises are adequate and valid consideration as to each party as long as they are binding. This rule applies to conditional promises as well. As additional clarification, the general rule is that a promise to act which you are already legally bound to do is not a sufficient consideration for a contract. The courts determine the application.

4. Capacity of the Parties to Contract. The general presumption of the law is that all people have a capacity to contract. A person who is trying to avoid a contract would have to plead his or her lack of capacity to contract against the party who is trying to enforce the contract. For example, he would have to prove that he was a minor, adjudged incompetent or drunk or drugged, and so forth. Often this is the most difficult burdens of proof to overcome due to the presumption of one's ability to contract.

5. Intent of the Parties to Contract. It is a basic requirement to the formation of any contract, be it oral or written, that there has to be a mutual assent or a "meeting of the minds" of the parties on all proposed terms and essential elements of the contract. It has been held by the courts that there can be no contract without all the parties involved intended to enter into one. This intent is determined by the outward actions or actual words of the parties and not just their secret intentions or desires. Therefore, mere negotiations to arrive at a mutual agreement or assent to a contract would not have considered an offer and acceptance even thought the parties agree on some of the terms which are being negotiated. Both parties must have intended to enter into the contract and one can not have been misled by the other. That is why fraud or certain mistakes can make a contract voidable.

6. Object of the Contract. A contract is not enforceable if its object is considered to be illegal or against public policy. In many jurisdictions contracts predicated upon lotteries, dog races, horse races, or other forms of gambling would have considered illegal contracts. Yet in some states these types of contracts are valid. Federal and some state laws make contracts in restraint of trade, price-fixing and monopolies illegal. Therefore, a contract which violates those statutes would be illegal and unenforceable. This is true for drugs and prostitution or any other activity if considered criminal.

The L Steps – 6 Steps of Real Estate Investing

Real estate investing in Miami real estate is now becoming popular again as there are many properties in foreclosure, short sale, bank reo's, and government foreclosures. With such an overwhelming inventory of homes available for sale a real estate investor must be able to determine which one to purchase. Investors must follow six steps in order to learn, understand and achieve Miami real estate investment success.

These are the six L steps to Miami real estate investing:

1. Location – Location, location, location is still the key of buying Miami real estate. Buying Miami real estate just because the price is low in a declining area is big mistake that should be avoided. Look for homes in an excellent location like, good schools, economic stable and growing neighborhoods, near shopping centers and malls, near bus stops and metro rails, near hospitals and restaurants. Sometimes it is better to pay a little more for a property in a good location than getting a bargain in a place where it is very hard to sell or rent the asset. Location is often overlooked in purchasing real estate as many investor think they can exceed a bad location if the price is low enough. Out of two homes that are exactly the same, the one in the best location will command a much higher sales price and rental income. Location is the number consideration when purchasing Miami South Florida real estate.

2. Long Term – Real estate investing is a long term proposition. Do not think you are going to be a millionaire over night. It takes years of hard work and dedication in order to succeed. Hold any property at least one year before selling it. Capital gain taxes will be greatly reduced. Consider renting the property for at two or three years. The rental income generated will help you to properly repair and renovate the property. Many investors purchased properties in the middle of real estate boom with no money down and no equity. These investors were thinking of flipping the houses fast and making a killing in the process. Many homes now in foreclosure are due to investors that were caught in the middle and now realize that real estate investing is very hard to time. Long term Miami real estate investing is the secret to a successful real estate career.

3. Lease Option – Never rent a property with a lease option to buy. Either sell or rent it straight out. A lease option is usually a disaster for both buyers and sellers. The tenant will demand a large discount of the rent to go towards the down payment and closing costs. The problem is that tenant will not buy the property at the end of the lease and the landlord / seller will have wasted a lot of money in rebates given to the tenant / buyer. Demand a 20% or 30% deposit from the tenant / buyer and a clause in the contract that if they default on the purchase they will lose the deposit. This technique will force the buyer / buyer to purchase the property or lose the deposit. The risk of losing the deposit will eliminate the tenant from taking advantage of the landlord by walking out of the contract after receiving a monthly rental discount.

4. Local – Buy real estate close to where you live. Do not buy real estate in another state or in another country. Keep real estate investing local. Buy in your own county and in your city. The more you know about the area where you are buying the better the decision will be. The investor should always be close to the investment property. The Miami real estate investor should inspect the property often to determine any repair, roof and other problems. The landlord must inspect the property every month when collecting the rent. Check for the number of tenants actually living in the property, check for damages and destruction of the property and overall condition of the place. The investor / landlord will not be able to inspect and determine the condition of the property if it is located far away. Keeping real estate local is an essential step in real estate investing.

5. Leverage – Most real estate books and seminars tell you to use other people's money when purchasing real estate. This technique is not the best and buyers should try to buy the property in cash if at all possible. Buying a house in cash will help you get a better deal and allow you to negotiate from a position of strength. A cash buyer will always have the upper hand in negotiating with banks, property owners, and other sellers. Cash buyers will not suffer and go into foreclosure if the market turns and they are unable to sell or rent the house right away. Like Dave Ramsey always says "cash is king and debt is dumb". Buying an investment property in cash is an excellent way to avoid Miami real estate investment mistakes.

6. Learn – Research the property and learn everything about it before you buy. A mistake in Miami real estate investing can be very costly. Usually you make your money when you buy not when you sell. Buying the property at the wrong price the wrong place and at the wrong time could be detrimental. One mistake could wipe you out and put you out of business before you start. Ask questions to the experts, real estate agents, appraisers, mortgage brokers, and other real estate investors. Learn, research, educate yourself in all aspects of real estate investing before you purchase the asset.

It is definitely a buyers market in Miami-Dade County. Miami real estate investors have more choices than ever before when it comes to real estate investing. Investors must follow the L steps, the 6 steps real estate investor guide to successful real estate investing in order to achieve their investment goals in the Miami real estate market.

Your Kids Do not Need Electronic Learning Toys

We've all seen the advertisements for toys, videos, even teaching programs for babies promoting to give your child an academic edge. Maybe we've been moved to purchase those toys that teach colors, counting, and ABC's in English and Spanish. Maybe we've been consumed with guilt because we did not give our children these toys, and we'll always wonder if we are the reason they might turn out to be something other than rocket scientists and neurosurgeons.

Is there anything wrong with these toys? No, nothing at all. They are often cheerful, colorful, and include a catchy tune your toddler or preschooler will enjoy. And they do, in fact, give kids early exposure to those basic academic skills. The lights and sounds are delightful rewards for your little one who is exploring the buttons, dials, and sliding levers. All that exploring improves their eye hand coordination and hand strength, aka "fine motor skills."

So what's the problem? Well, frankly, the problem is parents expect the fancy "teaching toys" to live up to the hype, and give something back for all the dollars paid to get this toy or gadget. After all, do not the toy companies know what they are doing? Does not the app teach a very obvious skill, like matching? It sets parents' mind at ease, and they may feel the kids are getting a superior education. Some may feel the toys are better teachers than moms and dads. Some may feel that adding extra "teaching time" with the child would be unnecessary. This is a very dangerous way of thinking.

We have to ask ourselves to think – how do kids learn? Toddlers and preschoolers are not ready for lectures and power point presentations any more than they are ready for these kinds of "lessons" the so called learning toys are trying to provide. This may seem like comparing apples to oranges – lectures are obviously for teen and up, but those learning toys are fun and kid friendly, right? Wrong. How could they be likened to a lecture? Because of one key ingredient that is missing in both instances, the very thing that makes it inappropriate for a child – it is not attached to a meaningful personal experience or social interaction.

Lectures are one sided. A speaker presents information, the listener soaks it in. Sometimes the audience is invited to participate somehow, but it is usually limited. The learning toys are only slightly better. They make their noises, and some of them try to get the child to press a button to respond. The child is cheered for or asked to try again depending on how they respond. Does this count as a meaningful personal experience or social interaction? No, not at all. The child simply listening to a computer. They are not holding and working with real objects. No one they care about is sitting with them to provide the encouragement or praise. Instead they hear a computer voice that is empty and repetitive. Sometimes the machine responds inaccurately, like when the child sets on the toy and the toy cheers for the child who incidentally sat on the button that was the correct the response. Like a lecture, these toys are impersonal, use representation instead of real objects, and may even give inaccurate feedback.

Do you still think those learning toys are superior?

Let's take a look at naturally occurring learning now. You can call it the unplugged version. Junior is in the sandbox with Grandma sitting nearby. His fingers are covered in sand, providing delightful sensory input. (If you are not familiar with "sensory input" just think of all the stuff kids like to touch because it is so varied – sand, paint, jell-o, beans, rice, water). Whenever you add sensory input, you are activating more parts of the brain, which aids in memory and learning in general. The sun is shining, the birds are singing, the light breeze is blowing, all the more sensory input that makes outside so much fun for kids. Junior is busy pouring and scooping sand. He plays pretend with a dump truck and uses it to transport sand to the "construction site." Grandma and Junior chat while he plays, and she gives him words to learn like empty, full, big, little, wet, dry. Junior is in charge of the play scenario. He fills up that dump truck himself. He shows how and when and where to dump it. Grandma smiles and encourages him. She challenges to make "a great big pile" of sand and applauds when he does. Junior beams with pride.

What just happened out there in the sandbox? Meaning happened. That sand was in Junior's little hands, not pixels on a screen. He scooped by using his little hands and muscles, not with a stylus tapping on a screen. He learned about physics out there, as he learned how hard to push the truck to make it go through the sand, how much pressure he needed to lift up the dump truck, what happened to the sand when the bucket was already full, how far Water splashes when he dumped it all at once. He was encouraged to keep going when the bucket was not full yet and Grandma helped him understand that full meal up to the top. He accomplished an actual physical task that he could see, touch, and be proud of. He got lost in the joy of make-believe play, which is critical for child development. Grandma's praise was genuine and accurate, and he loves that lady to pieces so he did not give up until he got it right.

So now we have seen how a real task, like sandbox digging or block tower building, with real people, is obviously better than tasks on a computer screen. But what about the ABC's, you ask? What about the counting in English and in Spanish? Times have changed drastically, and the pressure is really on once kids get to kindergarten. You want your future neurosurgeon to be ready!

OK, here's the truth. You can teach a toddler letters. You can teach shapes as complicated as "cylinder" to a two year old and she will be able to name it when she sees it a few weeks later. You will beam with pride. She can learn to count to ten, too. The question here is, should you?

It comes back to meaning. A child can count to ten, but does she understand what the numbers mean? Does she know that 8 is twice as many as 4? That 4 is one less than 5? That there are five cookies on the plate but when she eats one, that there are now four cookies? And what earthly purpose does a toddler have for adding the word "cylinder" to her vocabulary? She can learn letters, but she will not learn to read any faster. And without regular re-teaching, your child will quickly forget these things – for the simple fact that they do not hold any meaning for her. Our memories work by sorting and associating concepts with familiar things or in a way that makes sense. And all that academic mumbo-jumbo you gave her does not have a "storage drawer" inside that developing little mind. She has not got any place to store it that makes sense, so it fades quickly. So if it is not going to stick, why waste her time with it? Why not go outside and play in the sandbox? We know the lessons learned out there are going to last.

As your child approaches kindergarten, you will want to ensure he is "ready." Today's standards mean he should know a great many things, including letters and how to hold a crayon, his full name, and how to hop and skip. But starting to teach academies in baby and toddler years is not necessary. In fact, it may rob children of the time they could have spent filling and dumping a bucket of sand.

Still not convinced? Consider the child's growing mind. At one year of age, your child still thought he was an extension of you, and that he could control you. He fought, you fed him. He was bored, you played with him. You left him, he hinded until you returned. He tantrums because he can not control you any more. And he is mystified! He can not sort it out. Now fast forward to age 2. He's still tantrumming regularly. He cries because his meatballs are "all gone" even though you look in his bowl and see meatballs still there. Was that even the issue? Nobody knows! Now I ask you, is he ready to learn the complicated sound / symbol relationship of letters and begin to read? Is he ready to count in Spanish? Probably not. Research suggests kids are not ready to recognize and remember letters until … ready for this? … age five . That is shocking considering today's grueling pace. There is also some evidence that early exposure to letters and learning to read does not matter at all. A child can learn to read, and learn in a matter of months, if you wait until the child is developmentally ready to do so. That's around age seven. Of course, in America we do not wait until a child is seven to get started, the point of this is remind us that child development happens in a predictable, linear fashion. It can not be rushed. Development happens on child's schedule, not due to parental diligence with flashcards and learning videos. However, your child still has loads of things to learn. He is ready to play with you, listen and learn from a real person who loves and cares for him. He wants to please you, and wants to interact with you.

You do not have to "try" to teach a young child. Simply interact with him, talk with him, and ask him questions. Let him try things on his own and help him be successful. Learning happens in play, not on a screen or with a computerized toy. You can play pretend, build, paint, dig, hop and run, and even sort and categorize familiar objects like food in a toy kitchen. You can bake cakes and wash the bowls afterward. You can play catch and make up a simple game. You are all your child needs. Computerized toys can never replace the invaluable learning that happens when you simply play with your child. Choose toys that allow for problem solving, building, pretend play, or dress-up outfits. Do not forget about things like blocks, balls, and books. These classics never fail to entertain and to teach, too. Best of all, it is easy to join in and play with your child!

Pros and Cons of Watching Television

Many of us love watching TV especially during our free time and if we don’t have anything to do. We like watching TV while eating our favorite snacks or hanging around in a friend’s place. Either way we are entertained when we watch TV. There are many different programs we can watch on TV depending on our mood and our personality. Some love watching comedy and talk shows while others particularly kids and those who are young at heart love watching cartoons on Cartoon Network or Disney channel.

But then, watching TV has its advantages and disadvantages. Experts say that too much watching of TV especially among children is not good for the health and the mind. TV can be entertaining and informative yet at times it can be damaging and harmful.

Below are the Pros and Cons of watching TV.

Pros:

1.) Entertainment and Laughter

We are entertained by shows we love to watch. We laugh at things we find funny and comical in the TV program we are watching. We also love to dance or sing along with celebrities we see on TV and some of us even copy their dance moves and singing styles.

2.) Information and How-To

We learn a lot of information about places and people that we usually don’t learn on magazines, books and newspapers. There are travel shows that show us beautiful places in the world and inform us the culture of different countries which can be a great help especially if we are planning to travel. We also easily learn how to cook new recipes by watching cooking shows and we can learn doing some other stuff through programs that show step-by-step procedures of performing a particular work, exercise or other interesting stuff.

3.) Improve Memory and Easy Learning

We usually take note of the time schedule for our favorite programs especially if it is only shown once or twice a week. We tend to store and recall the things that recently happened in our favorite show before the next episode will be shown on TV. This will help enhance our memory which we can apply on our daily life. For children, it is easier to learn math, science, alphabet and other subject matters if someone can show them how to do it like counting, identifying objects and a lot more. Educational TV shows are available for children to watch and learn.

4.) Bonding With Family and Friends

Watching TV is a great way to bond with family and friends especially on weekends. You can laugh and discuss things that you see on TV. That can be really fun.

5.) Awareness and Alertness

Weather reports and current news on different parts of the worlds can make you aware of what is happening outside your country. You can also be alert when there is an incoming typhoon in your area and that can help you get prepared.

Cons:

1.) Decline in creativity and imagination.

TV shows including commercials have tendency to share their creative works on us and impart their ideas and opinions on us which is not favorable and can lead to a decline in our creativity and imagination since we can not think on our own since creative stuff are readily available and shared to us.

2.) Health problems

We usually eat junk foods or any of our favorite snacks while watching TV. This is not good for our health because we tend to eat a lot while we are sitting down facing the television. This can lead to obesity since we don’t move a lot when we watch TV. This can also lead to other serious ailments caused by eating a lot and moving less.

3.) Makes people lazy

Most of us get hooked when watching programs of our favorite TV channel. We sometimes even forget to do our work or other important things because we got engaged in the show we are watching. Some people forget to do their household chores because they would rather watch TV than work.

4.) Some shows don’t teach good values.

There are TV programs that do not teach good values particularly to children. Instead of teaching them good deeds they even imitate, re-enact or spoof important things happening around us which is not good for children to watch.

To sum up, in watching TV you should choose and monitor the TV programs that you and your children should watch. Choose programs that can help you learn and grow as a person. You should also limit the time your children spend in watching TV. The maximum number of hours small kids should watch TV is 3 hours while for teenagers you should make sure they watch good shows only when they are done with homework and projects.