Florence Contract Disputes Lawyer

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Contracts can be useful, but they are not always foolproof. In some cases, parties violate certain parts of a contract, which can lead to financial losses. If this occurs, parties in the contract who are negatively affected by the violation might be able to receive compensation in court. For more information on filing a claim for a contract dispute, contact a Florence contract disputes lawyer.

Experienced in Contract Disputes

The Law Office of Brad Phillips, LLC, has experience with general litigation claims, including those involving contracts. Our firm is dedicated to helping individuals who feel that they have been cheated by a contract or another party. We can educate you about your options, help with negotiations, and even represent you in court.

What Are the Common Types of Contract Disputes?

Not every contract is built in the same way. However, there are similar types of disputes that occur with signed contracts, including:

  • Minor Issues: In some cases, smaller issues can impact a party’s potential revenue if they are violated in a contract. This can involve things like goods or services being delivered later than outlined in the contract.
  • Major (Material) Issues: Major violations of the contract are considered material breaches. These types of violations usually occur when something completely different from what was promised was delivered or if nothing was delivered at all.
  • Actual vs. Anticipatory Breaches: If a party commits an actual breach, they did not do what they said they would in the contract. Even if the party technically has not violated the contract yet, they might still be in violation if they say that they do not intend to follow the contract. These kinds of statements are known as anticipatory breaches.

In some cases, contract disputes can be resolved out of court through a negotiation process. In other cases, however, the parties involved with the contract cannot reach an agreement and must go to court to settle their differences. In either case, it is important to work with a contract attorney who can help argue for your position in negotiations or in a court case.

It is also possible that a contract might not be legally enforceable. This could be due to a party signing the contract under duress or not knowing relevant information about the agreement before signing. Contracts also cannot require a person or organization to break the law in order to carry out the agreement. If this is the case, the defendant might be able to convince the court that the contract should not be enforced.

Why Do I Need an Attorney?

An attorney can help with many different aspects of contract law, including:

  • Drafting a Contract: A contract is less likely to be disputed if it is legally valid. An attorney can help create a contract that is enforceable and establishes clear expectations for both parties.
  • Contract Negotiations: An attorney can also help parties negotiate with others in the contract to reach an agreement about contract terms. Negotiating before the contract is signed can result in a more favorable outcome.
  • Contract Breaches: If part of the contract is not followed, an attorney can also help you file a claim to receive damages for what you expected to receive.

Disputes about contracts can be contentious, which is why it is so important to work with an attorney. They can make sure you recover as much as possible after a contract has been violated.

FAQs

Q: What Are the Elements of a Breach of Contract?

A: The elements of a breach of contract depend on the type of contract breach. In order for a minor breach to occur, a good or a service must not have been delivered by the time outlined in the contract. In a material breach, someone must not have received the good or service that was outlined in the contract. For more information on how to navigate breach of contract cases, contact an attorney.

Q: Can You File a Contract Dispute if the Contract Is Unfair?

A: It’s possible to file a contract dispute if the contract is unfair. Certain types of contracts might be considered “unfair” in court and deemed unenforceable. Unenforceable contracts include situations like:

  • One individual feeling forced or threatened to sign the contract
  • Exploiting a relationship between both parties that might make one party more likely to sign
  • Lying about something that would affect the terms of the contract or not offering important information about the deal

If an issue in the contract is seen as grossly unfair, it can be deemed unconscionable by the court.

Q: How Do You Settle a Contract Dispute?

A: If there is an issue between parties regarding a contract, one party can file a claim against the other party or parties involved in an attempt to settle the contract dispute. The party filing the claim must be able to prove that the others in the contract did not meet the stated agreements. If it is proven that a party in the contract did not meet the standards outlined, they might be financially liable for the amount that the other party would have benefitted had the contract been upheld.

Q: What Must a Contract Have to Be Disputed in Court?

A: A contract can be disputed in court if the following conditions are unmet:

  1. All parties must be competent. Individuals who are under 18, mentally incapable, or under the influence do not meet this requirement.
  2. Everyone signing the contract must do so on their own accord.
  3. No contract can force a party to commit an illegal action.
  4. Both parties must be offering a valuable good or service to each other or promising that they will.
  5. The contract should be in writing, but there are some exceptions.

Learn About Your Next Steps

Proving that a party violated a contract can be difficult, especially without a lawyer. For assistance on contract disputes and the ensuing legal issues, schedule a consultation with The Law Office of Brad Phillips, LLC, today. An attorney can help strengthen your case, negotiate with the other party, and represent you in court.

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