Most people enter into contracts on a daily basis both in their personal lives and in a business context. You may not realize it, but whenever you sign up for a new social media account, purchase tickets to a sporting event, or even rent a movie, you are likely entering into a contract. Contracts can be complicated and difficult to understand and often a disagreement regarding the terms of a contract and the responsibilities of the parties arise.
What is a Contract?
A contract is an agreement that is legally enforceable. A contract creates an obligation between one or more of the parties to it. If one party fails to fulfill its obligations, the other party may bring legal action to protect their rights under the contract.
Individuals and businesses use a wide array of contracts to buy and sell items, formalize relationships and structure operations. Some of the most common contracts for individuals are purchase and sale and service contracts with other individuals or businesses. Businesses frequently use purchase and sales agreements, vendor agreements, supply contracts and franchise agreements. Employers and employees often enter into work-related contracts such as employment agreements and contracts with independent contractors and distributors, as well as non-compete agreements and confidentiality contracts. The breach of these types of contracts and more can result in a contract dispute.
Issues in Contract Disputes
There are many issues to consider when involved in a contract dispute. Before a claim for breach of contract can be pursued, it is important to understand what each party?s obligations are and if those obligations have been met. As contracts are often intricate and complex agreements it may be unclear what the parties? duties actually are and if they were performed in accordance with the terms of the document. After it is clear that the contract has been breached, the extent of the breach must also be assessed. For a successful claim, the non-breaching party must also be able to show that the breach resulted in damages. It should also be investigated as to whether the breaching party acted in bad faith as this may affect the non-breaching party?s claim. A skilled attorney can help to evaluate the contract, identify all related issues and decide on the best course of action for recovery. Remedies for a breach of contract may include restitution, specific performance, damages and/or rescission (a discharge of both parties from their obligations).
How Can an Attorney Assist in a Contract Dispute?
Contracts are common legal tools frequently used among individuals and in nearly every business across the country. Unfortunately, contracts can be complicated and lengthy documents, written in what may seem like another language. Luckily, the attorneys at Longman & Van Grack have the ability to decipher these documents. If you are in a contract dispute with an individual or business, our attorneys will take time to thoroughly review your case to determine what the respective parties? responsibilities are and if a breach of contract has occurred. Drawing on years of experience, our legal team will guide you on the best course of action for an efficient resolution. Contact us at (301) 291-5027 for a consultation today.