The fundamental elements necessary for the agreement to be a legally enforceable contract are: mutual consent expressed through a valid offer and acceptance; take due account; capacity; and legality. In some States, the consideration element may be satisfied by a valid replacement. Possible remedies in the event of an infringement are general damages, consequential damages, damage to trust and certain services. An agreement occurs when an offer from a party (for example. B an offer of employment) is made to the other party and that offer is accepted. An offer is a statement of conditions to which the person making the offer is bound by contract. An offer is different from an invitation to processing that only invites someone to make an offer and must not be contractually binding.