CONTRACT BREACHES & DISPUTES: FORMATION OF THE CONTRACTUAL RELATIONSHIP AND ITS COMMON PITFALLS.

One of the most common processes of carrying on a business involve transactions, arrangements, negotiations, consultations, services, employment, and other forms of interactions. All these transactions are based on contracts between the parties. A contract may be defined as a voluntary exchange of promises or commitments between parties that are legally enforceable in our courts. When people enter into such contracts, they create a world of law unto themselves. They may create new obligations and responsibilities, but, meanwhile, they have a chance to modify or even remove certain obligations and responsibilities.
Are you hiring a contractor to paint your house? Are you entering in real estate transaction? Are you signing a new employment contract? Are you lending money to your friend?


Here are some useful hints that you should consider at the time when you are entering into an agreement with the other party.

  • Your contract should clearly outline rights and responsibilities of very party to the contract.
  • Descriptions of required activities, timeframes for their implementation, and assignment of responsibilities should be included into the contract.
  • You should always include a clause that would clearly acknowledge subsequent remedies in case of breach of the contract.
  • Make sure to bring every party’s attention to every substantial clause. By putting a signature under the clause, a party to the contract acknowledges its full awareness. A person should never sign a contract without being fully aware of their rights and responsibilities. Participants are expected to keep these things in mind throughout the execution of the agreement.

Your goal is to create a sound, all-inclusive contract that needs to be fulfilled and discharged. However, should there be any problems; the contract has to be clear enough to assist in maintaining the true intentions of the parties and resolving the dispute with minimal effort. Damages should be calculated and provable with clear evidence of loss.

Usual contractual disputes may be revolved around the existence of the contract, complaints about the conduct of the party at the time of agreement, or the performance of the obligations.
LegaMax Legal Services Professional Corporation can help you to resolve your contractual disputes. Meanwhile, our company may assist you in the drafting process where our paralegals will make sure that every substantial and crucial clause will be included. We will guide you through the entire process starting from the formation of the contractual relationship. As a result, you will avoid mistakes as to the nature, terms or other aspects of the agreement, misrepresentation, duress, and undue influence.

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