Carr Law Firm, P.A.
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Is your contract enforceable?

If you run your own business, you know how important it is to have contracts. Yes, there are times when a simple handshake will do, but more often than not, you want a written contract that will protect you in case the other party doesn't live up to their side of the agreement. So how do you know if your contract will hold up to the scrutiny of the law?

First, let's outline what constitutes a contract. It's simple: one party makes an offer of a service or product, while another party agrees to it in exchange for something in return (a "consideration"). So first the court will determine if, in fact, a contract exists. Then, it will look at the terms of the contract and decide if is "voidable."

There are several reasons a court might throw out a contract:

  • Capacity to contract. The person agreeing to the contract must be legally able to do so. That means minors or people with diminished mental capacities may not be able to legally agree to something.
  • Undue influence. Many contracts can be voided if it can be shown that the party signing was forced to agree to the terms, either because of a threat or a misrepresentation of an important fact in the deal.
  • Unconscionability. Unconscionability essentially means this: was the contract fair or was one side so favored in the agreement that the courts consider it a gross inequality.

Whether you need a contract analyzed or you feel that the contract was breached by another party, you may want to think about talking with an attorney.

 

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  • Pete Carr has represented my companies for the past several years. He has handled all of the companies litigation needs along with providing legal counsel and legal documents as needed. Pete is always extremely professional but the thing that I like the most about Pete is how responsive he is when needed.
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    Broker-Investment Partner
    Results Real Estate Partners, LLC
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Carr Law Firm, P.A.
203 E. Livingston Street
Orlando, FL 32801

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