Contract Law and Litigation

People hardly ever enter into business partnerships expecting a conflict. They hope for the best. Unfortunately, many business relationships often end badly. Disagreements pop up; trust is thrown off the window and partners part ways. Understanding contract law and litigation is a benefit at these times.

Courtroom wars then begin as former partners accuse each other of a breach of contract, fraud, malice, and sabotage. To avoid such types of conflict, as well as costly litigation that comes with it, business partners include specific provisions in business formation documents. The regulations dictate and spell out how partners can dissolve a partnership in case of disputes or how they should go about resolving differences.

All these explain why it is essential to have a Florida business attorneys by your side right from the beginning. That way, you can be sure you will have your interests and concerns protected before you enter into a business transaction, during, and after the deal.

Shrader Law steps in to ensure you have the peace of mind each time you enter into a commercial transaction with individuals or corporations. Our team of contract law attorneys has been in practice long enough to understand what it takes to successfully argue business-related matters in court, so trust us when we say we have your back.

Contractual Disputes

Parties to any form of contract, are legally bound by terms of the agreement to fulfill specific obligations. The same can be said of business partners, who are bound by partnership deeds to perform specific fiduciary duties to each other.

In many cases, business partners and partners to a contract observe their duties for some time. For some reason, though, they breach the responsibilities at some point. This is mostly because of boardroom differences, sabotage, malice, ulterior motives, or even trading with competitors.

Contract Dispute Mediation

Not all breach of contract cases usually end up in court. Some differing factions choose to settle their differences through mediation, which is an adversarial process aimed at ensuring parties sort their dispute through a process that ends in a win-win situation. The process features a neutral third party through which the differing factions can work together.

Unfortunately, mediation is not always successful. This is, especially in cases that involve severe allegations of fraud, forgery, and other forms of criminal activities.

Shrader Law can come in handy in such cases. We can help you in and out of court. Our interest, once you retain us, will be to solely ensure your interests are protected and, more importantly, that you recoup your investment.

Analyzing Breach

There cannot be a breach of contract without an actual breach. In simple terms, there has to be a contract between differing parties for one to claim breach of contract. The agreement, in this case, can either be written or oral. Note that the following factors must be involved in a deal to be deemed as valid.

• Offer – This means you must have been approached, or you must have approached another party with an incentive to enter into a contract negotiation. The outcome must be precise because profit is the most crucial element here. The purpose for which you come together with another individual or entity must be solely to make profits.
• Acceptance – The other party must have unequivocally accepted your offer or vice versa. Note that where an offer was given, but a party chose to remain silent, then the silence amounts to acceptance.
• Consideration – In many cases, money is what legal experts refer to as consideration. Where a party made an offer, which was accepted, there must have been a price consideration mostly in monetary form.
• Legality – This is simple. The contract bringing parties together must be legal for it to be enforceable.

Shrader Law features some of the most qualified contract law attorneys in Florida. We have handled hundreds of commercial disputes, many of which have been successful. Allow us to help you out with your breach of contract issue. It doesn’t matter if you are the aggrieved party or the party accused of breaching a contract term. Call us today at 813-360-1529. We are here to help.

Drafting

Preventing conflict in law is just as crucial as preventing an ailment in medicine. The cure is usually costly and time-consuming. In other words, business litigation is often slow and expensive.

The best you can do is ensure you have reliable legal documentation before entering into any business transaction. Shrader Law can help you with that.

How Shrader Law Can Help with Contract Law

We can help you draft contracts with your valid concerns addressed. That way, you can be sure your interests will be taken care of before you enter into a contractual agreement, after entering the deal and even after the contract ends.

This is important because it will give you the peace of mind you need to focus on what matters the most in a contract: making profits. Reach out today, and we’ll be glad to assist you! Call 813-360-1529.