Points Of An Ethical Contract
Contract = A document & agreement between an offeror and offeree, which has all of the following points;
1. Valuable consideration: This is the reason for the contracts creation, to facilitate a trade of value. For something to be of value, it must be considered mutually beneficial by both parties.
2. Offer and acceptance: An offer of trade of one type of value for another must be made & accepted.
3. Full disclosure: There must be transparency, clear terms, no ambiguity and no deception. The offeror has a duty to ensure the offeree understands all the details. The terms must be as simple as possible. The offeree has a duty to fully disclose their capacity.
4. Equitable intentions: The offeror would sign the contract if in the offerees position. The intentions on both sides should be honest and respectful.
5. Amendments & Dispute Resolution: There should be an objectively moral and equitable process for resolving disputes and making amendments. (*not always available)
6. Accountability: Parties must take responsibility for their commitments, breaches & fraud. They must agree that violations of the terms will be enforceable in the pursuit of justice.
7. Opening and closing conditions: The contract must have opening and closing conditions. It must outline the duties, responsibilities and process of starting and ending the contract.
8. Access: Both parties must have a copy of the contract (documented) and if one party loses their copy, the other party must provide a copy on request.
9. Mutual Consent: Both parties agree voluntarily without coercion or deception.
10. Capacity A: Both parties must have the capacity to enter the contract. Not drunk, drugged, hypnotized, mind controlled, under age, retarded, extremely ignorant, experiencing emotional hardship, unauthorized etc.
Capacity B: Both parties must have the capacity to fulfill the contract. Appropriate knowledge, skill, funds, materials etc.
11. Lawful: The contract cannot be in violation of objective morality or objective law.
12. Identity & ultimate individual liability: The contract must be between two parties with identity and there must be a named individual with ultimate liability on both sides.
- In some instances, a contract may require a meeting of the minds and the ability to negotiate.
- Confidentiality: Sensitive information must be protected in applicable contexts.
- Succession Clauses: Stipulations that if a named individual leaves, the contract must be renegotiated with the new responsible parties.
- Indemnification Clauses: Specificity of circumstances for liability.
* Clickwrap contracts, such as software agreements, may not always provide point 5.