Have you dealt with a breach of contract case? Are you curious about how exactly contract law works? While it would take years of law school to understand the ins and outs of it, Gilbert & Smallman is here to provide answers to some of the questions we see asked more than any others.

Are oral contracts enforceable?

Most of the time, an oral contract is legally enforceable. That said, there are some exceptions. As an example, any contract that involves rights and / or obligations in and / or over real property must be in writing or it’s not legally enforceable.

Is a contract enforceable if one party lied?

What happens when one party lies or conceals information from another party while negotiating a contract? The legal name of this is misrepresentation. If the party who was lied to or deceived used the false information as part of a decision-making process then the contract could be rendered voidable, which means that the injured party gets to choose to void the contract or to continue following it as a valid contract.

Are agreements between relatives legally enforceable?

It all depends on whether the parties in question intended to be entering a legal relationship when they made the promises they made. If they made casual promises in a social situation, then the law states that the parties didn’t intend to make a legally binding contract. Unless one party can prove that there was some kind of intention to enter into a legal relationship, then the contract wouldn’t be enforceable.

What can I do in the event of a breach of contract?

There are several remedies available to you if you’ve been on the bad end of a breach of contract. Some of those remedies include:

• Requesting damages. This is typically monetary compensation.
• Asking for specific performance. For example, getting an order from the court that compels the party in question to honor their promises.
• Getting an injunction. Essentially, this is an order from the court that prohibits a party from doing certain things as set out in the injunction.

Have you been involved with a contract where the other party or parties didn’t hold up their end of the bargain? You may have a breach of contract case on your hands. Contact Gilbert & Smallman today to learn more about working with a commercial litigator. Your initial consultation is offered free of charge.