Do You Need a Contract Reviewed or Written?
Looney, Smith & Conrad, Business Contract Attorneys
Avoid Breach of Contract Issues
A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration.
Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities.
The existence of a contract requires finding the following factual elements:
- An offer was made;
- An acceptance of that offer, which results in a meeting of the minds;
- A promise to perform;
- A valuable consideration, which can be a promise or payment in some form;
- A time or even when performance must be made (meet commitments);
- Terms and conditions for performance, including fulfilling promises; and
- Performance.
A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance. (I will pay you $500 to fix my car by Thursday; the performance is fixing the car by that date).
A bilateral contract is one in which a promise is exchanged for a promise. (I promise to fix your car by Thursday and you promise to pay $500 on Thursday).
Contracts can be either written or oral; oral contracts are obviously more difficult to prove and in most jurisdictions the time to sue on the contract is shorter (such as two years for oral compared to four years for written). In some cases a contract can consist of several documents, such as a series of letters, orders, offers and counteroffers. There are a variety of types of contracts:
- Conditional: on an event occuring
- Joint and Several: in which several parties make a joint promise to perform, but each is responsible
- Implied: in which the courts will determine there is a contract based on the circumstances
Parties can contract to supply all another’s requirements, buy all the products made, or enter into an option to renew a contract. The variations are almost limitless. Contracts for illegal purposes are not enforceable at law.
Many small business contract agreements are illegal, unenforceable or subject to Texas breach of contract defenses.
In a Texas breach of contract scenario, illegal or unenforceable terms in business contract agreements make business litigation for small business contract disputes difficult.
Understanding Texas contract law and the defenses to breach of contract is important when entering into business contract agreements with vendors, employees, and strategic partners, and a Texas contract lawyer explain the effect of breach of contract and whether you can successfully enforce a contract and sue for breach of contract.
Contract Law Defenses to Texas Breach of Contract
When a person committed a breach of contract, or if someone has breached a contract against a small business, there are many Texas breach of contract defenses that are attacks on enforcing a contract itself.
A Texas contract lawyer can help a person understand aspects of Texas contract law that may prevent him or her from enforcing a contract and suing for breach of contract, including:
- Lack of Contract Consideration
- Lack of Capacity to Enter into a Business Contract
- Undue Influence and Duress
- Unconscionable Contract Terms
- Illegal Contract or Business Contract Against Public Policy
Enforcing a Contract and Breach of Contract Litigation
Enforcing a contract in business litigation and suing for breach of contract under Texas contract law is more successful when a small business engages a Texas contract lawyer to review contracts and draft business contract agreements before business litigation starts.
By engaging a Texas business lawyer, small businesses can prevent opponents from having defenses to breach of contract, and assuring business contracts are secure for potential business litigation.
Our law firm regularly advises clients in Texas law, including reviewing contracts, drafting business contracts, and contract negotiation. Contact our Contract Law Attorney today to discuss Texas contract law.
For assistance, contact the Business Law Contract Attorneys at Looney, Smith & Conrad, P.C. at 281-597-8818 or 979-826-8484. Our Contract Law Attorneys are available 24 hours a day, 7 days a week for a free, no-obligation case evaluation. Call today for a Business Law Contract Attorney Near Me. 281-597-8818 (Houston) 979-826-8484 (Hempstead) 405-388-6191 (Text) 713-828-7494 (Emergencies)
