AttorneyNews & Articlestestimonialscontact divorce attorneyDirectionsDivorce Attorney Michigan  
  Family Law Attorney  
  Contract Attorney  
  badges  
 
spacer
Divorce
Child Support
Custody
Parenting Time
contracts
collections
probat
commercial litigation
corporate
real estate
spacer
Address
representative clients
Law Links
spacer


   

Contract Attorney Farmington Hills


A contract is a legally enforceable agreement between two or more parties. A contract consists of an offer, an acceptance and consideration. An offer is a written or spoken statement by a party of their intentions to commit to an action upon acceptance of the offer. An offer must be definite and identify the subject matter, the parties, the price, and quantity as well as time for performance. In order to be effective, the offer must be accepted in a timely manner without a substantial change in the terms of the offer. Consideration is something of value given in exchange for a performance or a promise to perform.

Once the facts established with a contract has been made, an analysis must be conducted as to whether there are any defenses to the contract. Some defenses make a contract void whereas others only allow an option to enforce the contract or walk away (voidable).

In order to be bound to a contract, both parties must be legally competent. A mistake by both parties to a contract on a significant issue renders the contract void. However, a mistake by only one party does not necessarily effect the validity of the contract.

Duress is the use of physical force or other illegal pressure by one party to make the other party agree to the contract. It is a very difficult defense to prove.

Fraud is the intentional misrepresentation of an important fact of the contract. The person against whom the fraud was perpetrated has the option of voiding the contract.

The law requires some contracts to be in writing, to be binding. Contracts involving the sale of real estate, the sale of goods over $500.00 in value, contracts that cannot be performed within one year, contracts to pay someone elses debts, and leases for more than one year, by way of example, must be in writing to be enforceable to be recovered. .

A contract is breached when one party does not perform. A major breach that effects the subject matter of the contract potentially subjects the non-performing party to pay damages. Damages must be actual and foreseeable to be recovered. Unless there is a provision in the written contract or a statutory exception, attorney fees are usually not recoverable in a breach of contract action.

 

Contract Attorney Farmington Hills

 
 
 
The information contained within the Elizabeth A. Silverman
website is intended for informational purposes only.

The content, including any publications, is not intended as
professional counseland should not be used as such.

The users of our site should not consider any information on our website to be construed as forming an attorney/client relationship. By using this site, you acknowledge that nothing on this website is
intended to be construed as legal advice
map Elizabeth A. Silverman P.C.
30500 Northwestern Highway, Suite 500
Farmington Hills, MI 48334

248-538-1177