What is Contract Law?

The American legal system divides the law into a variety of different areas. Most lawyers are required to study each main area as well as a number of the more arcane categories before specializing in a certain type of law. One of the reasons law graduates have a hard time passing the bar exam is due to the wide breadth of law they are expected to master before being permitted to practice in a given state.

Contract law is a vital area of study, especially for orange county lawyers and those in areas with large populations of businesses, corporations, and industry. Contract law covers all enforceable promises, not just formal contracts. The three key elements in creating a contract are offer and acceptance, consideration, and intent. Consideration is a fancy way of stating that the parties have exchanged something of value, whether that is money for goods and services, or property, etc. Intent requires that all involved parties intended to establish a legal relationship. If any of the three elements are missing, the contract probably isn’t legally enforceable .

Whether or not a contract is legally binding can be questionable. This is why individuals should consult tucson lawyers (or a lawyer in the appropriate jurisdiction) before entering into a contract. Generally a contract is enforceable if it contains an exchange of promises (i.e., value on all sides) with specific legal remedies for breach. Contracts may include compensatory or equitable remedies and may have clauses requiring binding arbitration and barring lawsuits.

September 26, 2010Permalink Leave a comment

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