Breach of contract FAQs

Can I sue for a verbal contract?

It is a bit difficult to prove a verbal contract without a written agreement, but it is possible. Just keep in mind that the other party may not be aware there was such a thing as a verbal agreement and much less that it was legally binding. That is why hiring adequate legal representation is so crucial. Your breach of contract lawyer can investigate and assess your situation, make sure your rights are adequately protected, and help you enforce the agreed upon contract.

Do all contracts have to be in writing?

There are only a few contracts that need to be in writing:

• real estate, marriage, financial agreements regarding paying someone else’s debt, contracts related to a person’s estate, or any contracts that may take longer than one year to complete.

Why should I get my contract in writing?

Contracts help both parties understand their responsibilities as stated in the contract. They can ask any questions they may have before signing the contract and consult a contract dispute attorney to determine whether the contract contains any ambiguities. Lastly, it helps the court knows the exact terms of the contract instead of relying on each party’s understanding of the terms.

Is an international contract legal?

A contract that requires illegal activities is not legal. There are some services and goods that are legal in one country and illegal in another. Therefore, the contract is unenforceable if the actions or good specified on the contract are illegal in the country the contract is executed.

What relief is provided to the affected party?

The relief or “remedies” includes damages for breach of contract, cancelation of restitution, and specific performance. The compensation received is based on the circumstances surrounding your breach of contract case.

What are the crucial elements of a binding contract?

An agreement / Performed by competent parties / Reliant upon their honest understanding / Reinforced by respect / Made for a legal purpose / In the form legally required

What constitutes a valid and a voidable contract?

A contract made in compliance to legal requirements is valid while a contract can be voided if its execution was affected by some specific circumstances contrary to what’s stated on the contract or if one of the parties lacks capacity. There are times when a party is forced to sign an agreement against his will. A void agreement has no legal effect.

What are an executory contract and an option contract?

An executory contract is the contract that was performed with nothing undone. An option contract gives the right to one of the parties to enter a second contract later on.

What happens if I don’t read the contract and relied on someone else’s explanation?

Your contract can be avoided when you rely on someone else’s explanation of the contents of the contract. However, that is only possible under some specific circumstances:

• Your reliance upon another party is justified
• The explanation provided was incorrect.