Maitland Business Contract Attorney
All businesses rely on contracts. Contracts outline responsibilities of employees, set prices and times for suppliers, and establish operating agreements between business partners. Contracts are essential for business of all types, but before you download a boilerplate contract or attempt to create one on your own, understand that not all contracts end up being legally binding when challenged in a court of law. Let a qualified Maitland business contract attorney at The Hornsby Law Group lend a hand and guide you through this process.
What is a Business Contract?
A contract is simply a legally binding agreement between two or more parties. Usually contracts are written, though some contracts are valid even if they are simply an oral agreement between two people. Businesses of all sizes rely on their contracts to maintain agreements, create expectations for both sides, and protect both sides if expectations are not met.
What Does a Valid Contract Accomplish?
In order for your contract to stand up in a court of law, it must be legally valid. That means that there must be an offer (duties and responsibilities of each party), acceptance (both parties accepted the offer), awareness (both parties are aware that they are entering a contract), consideration (something of value passes between the parties), capacity (both parties have the legal capacity to understand the terms of the contract), and legality (the contract must adhere to state and federal laws). The six key elements of a contract include:
- Offer
- Acceptance
- Awareness
- Consideration
- Capacity
- Legality
All of these elements must apply in order for a contract to be legally valid. For example, the first five elements could be present in a contract, but it will not be legally binding if either party must break the law in order to accomplish their end of the bargain. As such, a contract is not valid if there is undue influence, it goes against public policy, or it contains errors that qualify as material effects. For these reasons, it is necessary to work with an attorney to ensure that the contract you want to create, or the contract that you are being asked to sign, is legally binding.
Common Types of Business Contracts We Handle
Of the dozens of different types of contracts out there, your business may require more than one to safely operate. Below are a few different types of business contracts that we regularly create for our clients, and which are likely applicable to your business:
- Partnership and operating agreements
- Employment contracts
- Non compete agreements
- Non solicitation agreements
- Terms of use agreements for business websites
- Confidentiality agreements
- Settlement and dissolution agreements
- Software contracts
- Term sheets and investment contracts
- Vendor agreements
- Consulting contracts
- Contracts for services
Call a Maitland Business Contract Attorney Today
Whether you are being asked to sign a contract that you have questions about, or you require an attorney to draft a contract for your business, we can help ensure that your rights and best interests are protected. Call the Maitland business contract attorneys at the Hornsby Law Group today for a free consultation.
