A Business Law Lawyer Rockville MD Trusts Discusses Breach of Contract
A breach of contract has the potential to greatly set back one or both parties financially. There are legal actions the non-breaching party can take against the breaching party in an effort to hold them responsible for their half of an agreement. However, the best way to resolve a breach of contract is to prevent it from even happening in the first place. There are methods of prevention, which we have outlined below in some detail. We recommend taking the following four factors into consideration before signing on the dotted line. A business law lawyer in Rockville MD can assist you in reaching in all aspects of contract law.
#1 Clarity of Contract
Use precise wording, make the agreements clear, and ensure the other party fully understands the verbiage used in the contract. The expectations of each party should be explicit and not complicated. If the other party does not speak the same first language as you, make sure the interpreter or copy is clear and you both are on the same page.
#2 Ability to Follow the Contract
This may seem obvious, but contracts are often not fulfilled by one or both parties at some point down the line. Once signed, each party has an obligation to perform the jobs described within the allotted time frame. It is considered a breach of contract if one party has performed the duty, but was late in doing so. If you are doubtful or hesitant about your realistic ability to follow the contract, do not finalize.
#3 Contract Legality
All circumstances outlined in the contract must be in accordance with laws and may not include requests or duties of an illegal nature. The court will not enforce a contract that contains illegal agreements. Examples of illegal requirements can be things like giving up breaks that are actually government mandated or requests that violate standards of safety in the workplace. Keep in mind if there are illegal duties in the contract, it will not hold up in court.
#4 Do Research
Get to know the person you are planning to sign the contract with. Has this person been accused of fraudulent behavior or previous breaches of contract? Are they honest about their education, skill and training history? Many people choose to consult with a business law lawyer prior to finalizing a contract. Most Rockville MD law firms offer free consultations for any new client. People often choose to take advantage of this opportunity, as it is no-cost and a great way to help figure out if entering this contract is the right choice.
All in all, if the contract does not feel right, and you are unable to pinpoint exactly why, hold back until you can consult with a business law lawyer Rockville MD clients turn to. Consider the reputation of this person and if you feel he or she is trustworthy. Evaluating the character of the person you want to sign a contract with is not a bad idea. You will be legally obligated to work with this person and may be devastated financially if you come to find they are not who they led on to be.