Of the 260 consumer software licensing agreements on the mass market in 2010, each contracting party must be a “competent person” with legal capacity. The parties may be individuals (“individuals”) or legal entities (“companies”). An agreement is reached if an “offer” is adopted. The parties must intend to be legally connected; and to be valid, the agreement must have both a correct “form” and a legitimate purpose. In England (and in jurisdictions using the principles of the English treaty), the parties must also exchange “counterparties” to create a “reciprocity of engagement,” as in Simpkins/Country.  In certain circumstances, a tacit contract may be created. A contract is implied when the circumstances imply that the parties have entered into an agreement when they have not expressly done so. For example, John Smith, a former lawyer, can implicitly enter into a contract by going to a doctor and being examined; If the patient refuses to pay after the examination, the patient has broken an implied contract. A contract implied by law is also called quasi-contract because it is not actually a contract; Rather, it is a means for the courts to remedy situations in which one party would be unfairly enriched if it were not obliged to compensate the other. The Quanten Meruit claims are an example. Not all agreements are necessarily contractual, as the parties are generally considered to be legally bound. A “gentlemen`s agreement” should not be legally applicable and “compulsory only in honour.”    Companies, in particular the contracting authorities, may enter into framework agreements with one or more suppliers that impose the conditions applicable to each subsequent contract and the selection and appointment of a contractor by referring directly to agreed terms or by organising a selection procedure that invites only the partners to the framework agreement to present specific commercial proposals.
 This flexibility, however, can lead to conflicts between a shareholder contract and a company`s constitutional documents. Although laws differ from country to country, most conflicts are generally resolved as follows: a user agreement usually contains sections that deal with one or more of the following topics.