Contract / Terms & Conditions
Businesses enter into contracts on a daily basis, for buying and selling goods and services, property or a company/business. Contracts and terms of business are often therefore central to the day to day operation of a business. Unfortunately, where one party fails to carry out the terms of a contract, it may be in breach and loss could occur.
KBL Solicitors understand that navigating your way through any type of commercial dispute can be stressful, not to mention disruptive and has the potential to be very damaging to your business and its reputation.
The contract itself is of key importance, contracts can be oral or in writing. Advice may be needed on the incorporation, interpretation and enforceability of terms contained in a written contract.
Where a contract is oral and a dispute arises, it is important that detailed witness evidence is prepared to support legal proceedings – an area in which we are skilled in, preparing witness evidence to give you the best opportunity to persuade the court the terms of the contract are as you assert them to be.
Commonly, contract disputes address the following issues:
- What terms are incorporated into the agreement?
- Are the terms enforceable? For example, can they be avoided under the Unfair Contract Terms Act 1977?
- Is the breach of contract one entitling a party to terminate and avoid the contract or one that only entitles them to damages in compensation for loss suffered?
- Is the contract voidable? For example, are the parties at crossed purposes as to what the terms of the agreement are (a legal “mistake”)?
- Was the contract induced by a misrepresentation of a party, for example where a sales representative exaggerates or misstates the capabilities of a product or service?
In addition to analysing the strength of the claim, we also analyse the commercial sensibility of proceeding with litigation. A cost benefit exercise needs to be carried out and your options of proceeding will be set out clearly. We will advise you of your options to resolve the dispute and the implications of offers of settlement made by the parties.
The risk of contractual disputes can be avoided by having suitable terms and conditions and understanding how to incorporate them into the contract.
For further information please visit our Corporate & Commercial page.