Valid Contracts and Breaches
When two or more parties enter into a legally binding contract, they are stating that they will agree to the terms listed therein. What happens when one party does not abide by the terms of the agreement? The ramifications of a breach of contract suit can be costly for both parties. The following is a brief overview of contract law. For a more detailed explanation and for assistance with any contract issues you are having, contact Dale Jensen, PLC to speak with a skilled breach of contract lawyer in Charlottesville, VA.
What Is a Contract?
A contract is a legally enforceable agreement between two or more parties. In order for a contract to be legally binding, the agreement must have the following elements:
- – Offer: An offer is one of the four essential elements of a contract. An offer is the way each party shows willingness to enter into a bargain. An offer demonstrates the understanding of one person’s assent to the bargain is welcome and will conclude the bargain.
- – Acceptance: Acceptance is one of the essential elements of a contract. There are several forms of acceptance, including acceptance by performance and acceptance by promise. Acceptance by performance is made when the offeree renders the performance required in the contract. Acceptance by promise is made when the offeree promises to render the performance required in the contract at a later date.
- – Legal Purpose: The objective of the contract is only enforceable if it complies with the laws of the land and public policy.
- – Meeting of the Minds: Also known as mutuality of obligation, which refers to the parties’ mutual understanding that the parties agree to the same thing, in the same sense at the same time.
- – Certainty of Subject Matter: A contract is only legally binding if each party fully understands the terms of each parties’ obligations and if the terms are sufficiently defined so that a court may ascertain the parties’ obligations under the contract.
- – Consideration: Consideration is one of the essential elements of a contract. Consideration is consistent of either a benefit to the offeree or the detriment of the offeror.
- – Competent Parties: Competency is another of the essential elements of a contract. In order for a contract to be legally binding, all parties to the contract must be of sound mind and body, and, must be of the age of maturity to enter into a legally binding contract.
Breach of Contract
A breach of contract occurs when there is a violation of a contractual obligation. There are several ways to facilitate a breach of contract claim, which depend on what is stated in the contract itself, usually arbitration or via civil action. If the contract states that any breach of contract claim must be arbitrated, it means that the investigation and determination of the matters of difference between the parties will be decided by one or more persons mutually agreed upon by the parties.
If the contract states that any breach of contract claim must be argued in a civil court, it means that a personal action is initiated in a local district or superior court, or, if the damages are above a certain amount, federal court. Breach of contract claims can be very costly for all parties involved in the claim.
Get Legal Help
If you are considering bringing a breach of contract claim, there are many factors you must consider. You need to understand your options, and your obligations under the contract. You will need the help of the experienced breach of contract lawyer Charlottesville, VA clients recommend from Dale Jensen, PLC. Call today for a free consultation and to discuss what your legal options may be.
How Do I Protect Proprietary Information as a Small Business Owner?
If you own a small business, you are under enormous pressure to juggle the practical, financial and legal realities of your business all at once. For example, you may be simultaneously concerned about creating a new product, marketing that new product and protecting the intellectual property associated with your company’s creative process. This is a lot to handle all at once. Thankfully, you do not need to navigate the legal side of your small business operations alone. The experienced legal team at Dale Jensen, PLC can help you with your business-related legal needs. For example, working with an experienced Charlottesville, Virginia breach of contract lawyer can help to ensure that your business interests are protected – and that those protections are enforceable whenever necessary.
Drafting Contracts and Preventing Breaches
As a business owner, you are likely concerned with maintaining a competitive edge in the marketplace. Without that edge, whatever it may be, it can be difficult to market your goods and services, cultivate customer loyalty and ensure steady growth. One of the primary tools that businesses use in order to maintain their competitive edge is contracts. Contracts may seem like dry, uninteresting legal documents, but when executed properly, they can serve as significant company assets. Noncompete agreements, nondisclosure agreements and other contractual resources help U.S. businesses protect their proprietary information every single day. Therefore, it is generally a good idea to consult an experienced Charlottesville, VA breach of contract lawyer about proper construction of contracts and about enforcement of existing agreements. If one party to a legally binding contract infringes on the terms of that agreement, legal trouble may arise. Therefore, if you have concerns about maintaining the integrity of a contract that already exists, you should consult an attorney just as quickly as you would if you needed a new contract drawn up.
Legal Guidance Is Available
If you are concerned with protecting the proprietary information associated with your small business operations, please contact an experienced Charlottesville, VA breach of contract lawyer today. Whether you are proactively trying to ensure that your company’s intellectual property is safeguarded or you are responding to a breach of contract that has placed your company’s interests in jeopardy, our Charlottesville, VA breach of contract lawyer team can help you explore your legal options. Scheduling a consultation with our firm is a risk-free process, so there is no need to hesitate if you are thinking about connecting with our professionals. Our clients are always “in charge” of deciding the kinds of legal actions they do and do not want to take. Scheduling a consultation will simply help to ensure that your questions are answered and that you can make an informed decision about your company’s legal needs now and moving forward.