Contract Law

Contracts are legally binding documents that can be enforced in courts of law.  They can be entered into orally, in writing, or impliedly.  The elements of valid contracts are offer, acceptance, and consideration—something of value surrendered by every party to the contract.  Determining when each of these is present is not always as cut-and-dried as one might expect.  Moreover, contracts that appear valid can be successfully challenged for a variety of reasons, such as when one party entered the contract under duress or undue influence, with a mistaken understanding while the other knew of the party’s mistaken understanding, and when one party committed fraud in the inducement. Because of all this, it is essential to get expert legal advice and drafting of your contract.  Whether your contract is for the sale of goods, for the lease of commercial space, or for the replacing the roof on a commercial high-rise building, you should be assured that your efforts and expenditures are rewarded through contractual provisions that are fair and understandable. Contract Disputes Contract disputes are often complex.  They regularly involve questions about whether the contract was validly entered into, whether an offer was rejected or withdrawn prior to its acceptance, whether acceptance was tendered in the manner invited by the offer, and whether the conduct complained of by one party actually constitutes a breach of the contract by another. Beyond that can be questions of whether either party was excused from performing under the contract.  In three situations courts have traditionally excused performance because of supervening impossibility:  death or incapacity of a person necessary for performance; destruction or failure to come into existence of a specific thing necessary for performance; and government regulation or order (R.2d Contracts 264).  As with the determination of whether a valid contract exists, these situations can present complicated questions of law and fact.  For instance, what counts as incapacity?  Was a party to the contract at issue incapacitated for the purposes of the contract?  What does it mean that something is necessary for performance?  Does the government regulation apply to the situation at hand? Where breach of a contract is established, there are the issues of damages and each party’s rights and responsibilities.  You may be surprised to learn that a non-breaching party has not only rights, but also duties. Bergford Law Group offers reliable legal counsel regarding contracts and contract disputes.  Regardless of whether you need a contract drafted or reviewed or are involved in a contract dispute with private individuals or a large public corporation, we provide the legal insight to guide you in your next steps.  Call to schedule a consultation.