Key Topics:  Essential Terms | Oral Versus Written Agreements  | Statute of Limitations  | Breach

Contract Formation 

Our experienced lawyers can review your written contract or listen to your characterization of the oral agreement and tell you whether your agreement is enforceable, based on the law.

 

Basic Elements of Any Contract

The basic elements of a contract are well-described in the  appellate case law. A contract requires and offer,  acceptance and something of value bargained for, also  called consideration or bargained for exchange. Click here to learn about "offer" and "acceptance."  Here are common questions:  

When is an oral contract sufficient and when does the  agreement need to be in writing? Answer.

How do you identify all the terms of the agreement if a key  term is not memorialized? Answer.

How long is the statute of limitations period? Answer.

What conducts amounts to a material breach? Answer.

What damages are recoverable and what is the process to  recover? Answer.

Even if no formal contract exists, there may be a basis to  recover for unjust enrichment or promissory estoppel.

What are the defenses to a breach of contract claim?  Answer.

When can one party assert the rights of another?  What is an assignment of rights?  Answer.  

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