Many of the disputes that we deal with on a daily basis will arise from a dispute over a contract. Contracts can be made either verbally or in writing. People often wrongly believe that if there is no written contract than there is no contract, but this is not correct; when you agree something verbally this is still a contract.
Any contract, verbal or written, must have terms that are sufficiently certain so as to be enforceable. We are often asked to advise whether verbal or written terms are enforceable. To provide this advice we review relevant and up-to-date case law and statutes and consider the practical and legal issues regarding enforceability. This experience also places us in an excellent position to assist our clients by drafting their various and specific contracts as we are able to anticipate potential problems.
When considering contractual terms we advise our clients on issues arising from statutes such as the ‘Unfair Contract Terms Act 1977’, and the ‘Unfair Terms in Consumer Contract Regulations 1999’ as well as EU law and directives. These laws become particularly relevant where a party is seeking to limit their liability or protect themselves from being held liable for a breach of contract.
Other common issues that we regularly advise clients about involving contracts include capacity, misrepresentation and duress and undue influence. We explain a little bit about these issues below, but this is no substitute for the advice that we can provide to you, specific to your circumstances. Please always contact us to discuss your matter.
If you have a query regarding a contract, whether contentious or non-contentious, such as seeking advice before you sign an agreement or on the wording of a contract you intend to draft yourself, or for bespoke contract drafting services, you should contact us.
