Contract drafting is often complex and requires an experienced attorney who has a deep understanding of contract law. Contact our firm today to speak with us about your business-contract needs.
Handling Contract Transactions and Litigation
When you make a written or oral agreement with another business or individual, it may or may not be legally enforceable as a contract. To make sure your rights are protected and that you have not signed up for unforeseen liability, you should consult an experienced attorney.
At the Watkins Firm in San Diego, we assist clients in drafting and negotiating contracts, and we represent both plaintiffs and defendants in contract litigation. Below is some basic information about contract law in the United States. To discuss your options under California law, contact us to set up a no-obligation consultation with a knowledgeable contract lawyer.
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Because our attorneys draft and negotiate contracts for clients throughout the San Diego County region, we are in a strong position to help you enforce contracts and defend against contract claims based on skilled interpretations. Contact us to learn more.
Contracts are ultimately at the root of a great deal of litigation in California, from employment litigation to real estate litigation. Our experienced trial lawyers are dedicated to helping clients pursue cost-effective solutions to contract disputes.
Contract Basics
Regardless of the type of business you own, you will be required to draft and negotiate contracts for and with your employees, vendors and customers. These contracts form a cornerstone of your business by determining how it will be run. Therefore, it is important that you seek the advice of an attorney with business-contract experience. Whether you are opening the doors of your first business venture or looking to expand a current operation, consult with an experienced lawyer from Watkins Firm in San Diego, California, to discuss your business needs.
Contract law can be overwhelming, as it can involve a complicated system of state and federal laws, as well as consideration of business needs and strategies. The following is a brief overview of general contract law.
What is a Contract?
At its most basic level, a contract is an agreement between two or more parties that is legally binding.
Laws that Affect Contracts
Contract law can be highly complex and may involve both state and federal laws. In addition to state and federal laws, a contract may be governed by either the common law or a set of uniform acts known as the Uniform Commercial Code (UCC).
The Common Law. Contracts that do not pertain to the sale of goods will most likely be governed by common law. The common law is historical, judge-made law that can vary greatly from state to state.
The Uniform Commercial Code (UCC). When a contract involves the sale of goods, a set of uniform acts called the Uniform Commercial Code (UCC) will usually apply in addition to the common law. Most states have adopted the UCC in whole or at least in part, making the UCC's provisions part of the state's codified laws pertaining to the sale of goods.
Creation of a Contract
With some exception, a contract arises when there is an offer, acceptance of that offer and sufficient consideration or bargained-for value to make the contract valid.
Breach of Contract
When one or more parties do not perform as agreed under a contract, the other party may sue for breach of contract. A breach can occur in a variety of instances and between any or all parties to a contract. Determining if an actual breach has occurred is often left to a court to determine. Arbitration, however, is gaining momentum as a means to resolving breach of contract disputes. Oftentimes, a contract will specify if disputes will be heard in a courtroom or via alternative means such as mediation or arbitration.
Conclusion
Contract formation, negotiation and interpretation require care, exactness and foresight. Contact a skilled attorney from Watkins Firm in San Diego, California, today to assist you with all of your contract matters.
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