Communication is a tricky thing. You may know what you mean when you say something, or use a particular word, but the other person may interpret it very differently. If your miscommunication forms the basis of an agreement, you might end up in a contract dispute.
Contracts and What They Are
At their most basic, a contract is an agreement between two or more people. Contracts can be oral (spoken) agreements or written agreements. They can even be implied by the conduct of the parties.
Essentially, a contract is a set of promises where each party promises to do something for the other in exchange for some benefit.
To be valid and enforceable, a contract must meet certain legal requirements. It must:
- Have a legal purpose
- The parties must be competent,
- Each party must give genuine consent,
- There must be a “meeting of the minds” (mutual agreement), and
- There must be an exchange of consideration.
Contracts themselves can be simple or complex.
But even simple contracts can lead to disputes. Whether it is a business contract or an agreement between family members, contracts can give rise to any number of disputes; ranging from whether a valid contract was formed, to the meaning of its terms.
It is usually when a contract is broken (breached) that the true complexities regarding the contract itself surface.
For example, although oral contracts are valid and can be enforceable, when there is a breach of the agreement, the fact that the contract was not in writing makes proving the terms of the contract more difficult.
On the other hand, written contracts can also cause difficulties. Although in writing, many times the actual terms of the contract can be in dispute. This is the case most often if the meaning of the contract is vague or if the contract itself does not address some issue that has arisen.
Although the whole point of a contract is to put down the parties’ agreement so that everyone can be clear about their obligations and duties, when promises are broken, disputes arise. And getting them straightened out can often be difficult.
Our Experience is Your Advantage
At the Law Offices of Mark Weinstein, we put our experience to work for you. If you have a contract or other litigation dispute, call us. We have offices in Cumming and we serve Atlanta and multiple counties, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others. To schedule your free phone consultation, call us at: 770-888-7707. Or contact us here.