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Contract Law

Contracts are a near-universal aspect that people interact with on a daily basis. From app agreements to loan contracts, an understanding of contract law can help individuals make more informed decisions and avoid untrustworthy or unenforceable agreements.

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Bangerter Frazier Group

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21 years in practice
Auto Accidents, Business Law, Contract Law, Divorce & Family Law, Elder Law
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Keegan & Co Attorneys, LLC.

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33 years in practice
Adoption, Advance Healthcare Directives, Animal Bites, Auto Accidents, Bankruptcy
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Max Bauer Law, LLC

3 years in practice
Business Law, Contract Law, Immigration Law, Investor Visa, Investor Visas
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Law Office of Joseph C. Korsak

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50 years in practice
Advance Healthcare Directives, Binding Contracts, Breach of Contract, Business Law, Contract Law
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Capital Partners Law

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5 years in practice
Binding Contracts, Breach of Contract, Business Arbitration, Business Contracts, Business Dissolution
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Citrine Law

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1 years in practice
Animal Bites, Auto Accidents, Bad Faith Insurance, Bicycle Accidents, Birth Injury
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A Legal Agreement Between Two or More Parties

Contracts are a dense and complex topic, but not all contracts are created equal. It’s important to be able to identify the elements of a binding contract as well as the signs of a breached contract in order to ensure fairness and legal correctness in the execution of the agreement.

Elements of a Binding Contract

There are two major elements of a legally binding contract: consideration and consent. Consideration requires that two parties who form a contract each benefit in some way from the agreement. A simple example of consideration in contracts is an employment contract. The employer gains the benefit of the employee’s services while the employee gains the benefit of a wage or salary for their work.

The second element is consent. Simply put, this means that both parties agree to be bound by the terms of the contract. The most important requirement for the consent aspect to be fulfilled is that neither party is being forced to agree because they have no other choice.

Understanding When A Contract is Breached

When it comes to understanding if a contract has been breached, context is everything. For example, driving a car is not inherently an act in violation of an agreement. However, driving a car that has not been paid for or that the individual has stopped making payments on can be a breach of contract. Generally speaking, if an individual takes an action that has been expressly forbidden or fails to perform an action that has been explicitly mandated by an agreement, they are likely in violation of their contract. There is a large amount of gray area between these extremes and individuals who are concerned that their contract has been violated should contact a contract law attorney.

Advocating For Your Interests

If you are seeking to navigate the complexities of contract law, you will need the help of an experienced contract law attorney. A contract law attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice contract law.

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Contract Law Frequently Asked Questions

1. What elements are essential for a contract to be legally binding?

In general, there are two things that are required in order for a contract to be considered legally binding: consideration and consent. Consideration refers to the requirement that each party in a contract must be benefited in some way from the agreement. Consent is the requirement that both parties are in the agreement freely.

2. How can I terminate or cancel a contract without facing legal consequences?

Most contracts have a clause under which the agreement may be voided. A contract that has been breached by another party can sometimes be terminated by the group that did not breach the contract. The specific language of the contract will provide any exit clauses and if you are seeking to get out of a contract, a contract law attorney should be consulted.

3. What remedies are available if one party breaches a contract?

The consequences of breaching a contract vary depending on the nature of the contract. A loan agreement that is breached may result in the forfeiture of the property the loan was used to purchase. Breach of a business agreement may result in civil or financial penalties.

4. What's the difference between express and implied contracts?

An expressed contract is explicitly stated and codified in some way, either physically or digitally. Expressed contracts are more enforceable and easy to dispute in court. Implied contracts are not explicitly stated but instead are assumed on the part of the parties with no formal contract agreement being present.

5. What considerations are important when drafting a contract to ensure its enforceability?

In order to ensure a contract is enforceable, the language must be clear and enumerate all circumstances foreseeable by the parties. All parties must enter into the contract willingly, and they must also receive some type of compensation for signing on to the agreement.

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