Contract Law & Lawyers
from Specialist Lawyers
Contract drafting, breach, and enforcement across all industries.
Every contract that a business enters into impacts on that business in a multitude of ways. A well drafted and clearly thought through contract can dramatically enhance the position of a business.
If you would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here.
Contract Lawyers basically get involved in preparing, advising and litigating commercial contracts. These contracts include partnership contracts, standard form contracts, consumer contracts, service contracts and business sales & acquisitions. These can take many forms but generally fall into two main categories: standard form contracts; and contracts which are individually negotiated. Experienced drafting of contracts is essential if a business is going to maintain its competitive advantage and contract with its customers, suppliers and others on terms which are beneficial to that business.
The last 30 years has seen huge growth in the protection of consumers and, more generally, restraint on businesses from being free to contract as they wish. Specialist rules on unfair contract terms, contracts with consumers generally and on contracts dealing with particular matters or concluded in particular ways require that every business must proceed carefully when contracting with any other business or consumer.
If you have a legal matter and would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here.
Contract lawyers provide businesses with the documentation they need to work well, grow and succeed. Once the documentation is drafted, contract lawyers can advise you on issues of compliance, breaches, claims and remedies, ensuring that you know all your options and where you stand at all times.
From day-to-day documents, business contracts, commercial agreements and major deals, contract lawyers can assist with a variety of issues, including:
• Setting up businesses
• Internal company documentation
• Terms of use, data protection and privacy policies
• Mergers and acquisitions
• Employment
• Financing
• Outsourcing and business processes
• Deals and projects
• Procurement
• Contract disputes, breaches and remedies
• Specialist areas including intellectual property and technology
• Starting Up
• Lease Agreements
• License Agreements
Contract Lawyers provide start-ups and new business with everything they need to move forwards. From articles of association to shareholder agreements, directors' remuneration contracts to data protection and privacy policies, each document produced by our contract solicitors is individually drafted for the client's business and goals.
Mergers and Acquisitions
Whether buying, selling or merging with a business, our clients can count on our contract lawyers to offer them expert advice and documentation.
Day-to-Day Documents
Employment contracts, terms and conditions, distributing agreements, every business needs good, effective legal documentation to help it work and trade on a day-to-day basis, all of which our contract lawyers can deliver.
Outsourcing
Businesses often save resources by outsourcing, whether it’s hiring someone to deal with their infrastructure needs or their business processes. Contract Lawyers frequently assist clients in facilitating these deals, including the tender process.
Deals and Projects
From franchising agreements to joint ventures and special projects to spin-offs, whatever the deal, contract solicitors act as experts in the client's corner, looking out for their commercial needs.
Finance
Contract Lawyers produce a range of financing documentation, helping their clients with everything from financing for technology companies and investing in companies to banking guarantees.
Intellectual Property Management
One of a businesses greatest asset is usually its intellectual property and Contract Lawyers provide clients with the tools to protect and monetise it, for example with software and database licensing agreements as well as licensing and protection of business names, logos, trademarks and brand names.
Other Specialist Documents
Contract Lawyers have the expertise to advise on a variety of legal sectors and industries, including employment, technology and commercial property.
Disputes and Remedies
Entering into an agreement is only the first step. Contract Lawyers, provide ongoing help and guidance on implementing the contract and identifying and managing disputes as well as identifying claims and entering into legal enforcement proceedings.
Some examples of expert service provider by contract lawyers include:-
• Franchise agreement
• Joint venture agreement
• Limited liability partnership
• Licensing agreement
• Consultancy contract
• Confidentiality agreement
• Indemnity agreement
• Loan agreement
• Assignment deed
• Terms & conditions of business
• Shareholder’s agreement
• Partnership Agreement
• Service contract
• Construction contract
• Building contract
• Terms & conditions
• Employment contract
• Business sale contract
If you have a legal matter and would like help from a Contract Lawyer, then please complete your free Legal Advice enquiry form on the right, or click here.
Further Resources - Contract Law & Lawyers
Additional topics relating to Contract Law
News, updates and further information - Contract Law & Lawyers
A contract is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing. Contracts can also be formed orally (parol contracts). The remedy at law for breach of contract is usually "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.
The different types of contracts:
With certain specific exceptions, contracts do not have to be in writing to be legally binding.
However, signed written contracts are usually the most desirable form of contract, especially when it comes to business arrangements. After all:
- the contents (‘terms’) are in writing for all to see
- they can ensure that precise language is used in describing the terms of the agreement
- there is, therefore, less opportunity for misunderstandings and conflicting assumptions
- there is less need to rely on memories of what was originally agreed
- the individuals involved in the transaction may change over time.
- Verbal agreements can be just as binding as written agreements.
- Contracts can be a mixture of verbal and written term.
Verbal agreements may be difficult to prove, difficult to remember precisely, and open to misunderstanding. In resolving a dispute on this issue, the conduct and statements made by each party leading up to the contract under challenge will be the critical issue.
In business arrangements, it is usually preferable to have all terms of the agreement in writing in order to avoid the problems of:
-proving a contract existed
-proving it to be a complete or incomplete document
-proving verbal undertakings
-interpreting people’s conduct.
-Summary of important issues
-Written contracts
-When a contract is signed, it is generally assumed that all the terms have been -read and agreed to.
-If unsigned, a written contract must:
-be presented to and understood by all parties to be valid before the -transaction occurs, and
-be recognised by all parties as a contract, that is, it must look like a -contract and not simply a receipt or docket.
-Clearly, unsigned contracts may be more difficult to enforce.
Verbal Agreements & Verbal Contracts
Verbal agreements rely on the good faith of all the parties and can be difficult to prove.
Conversely, in some situations, insisting on a detailed written agreement may be counter productive if:
- the value of the transaction is not particularly high, and/or
- the presentation of a substantial document, possibly with many provisions, may raise more questions and uncertainty in the minds of the parties than it resolves, ending in the transaction not proceeding.
If you are confident of the good faith of the party, a shorter form of written arrangement may be the best course of action.
Do not automatically think that because it is not in writing, it can never be proved.
Verbal agreements or verbal contracts can be supported by:
- the conduct of the other party both before and after the agreement
- specific actions of the other party
- past dealings with the other party
If you need legal advice regarding Contract Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Contract Law lawyer nearest you, who can help you with Contract Law.
Our free legal enquiry service for Contract Law extends to all suburbs throughout Australia.
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