Contracts
Contract Formation 
In order for a contract to form, there must be parties capable of contracting. The contract must be legal, all parties must give their consent to be bound by the contract, and each party must receive a legal benefit. Although a person may have entered into a contract, there are reasons why the contract may not have actually formed. These reasons may include fraud, mistake, illegality, parties not capable of contracting, or lack of mutual consent. Other reasons may include duress, menace, or undue influence.
Contracts may be oral or written. Many contracts must be written in order to be enforceable under the law. Contracts that transfer interests in real estate are examples of contracts that must be in writing in order to be enforceable.
Contract Interpretation
Contract interpretation involves the analysis of a particular contract or transaction. It involves the analysis of particular clauses in a contract to determine enforceability of clauses of the contract. There are many aspects to this area of contract law, many of which are industry-specific or subject matter specific.
Contract interpretation also includes the doctrines of unconscionability, adhesion, modifications of contractual terms, waivers, novations, releases, settlement agreements, warranties, and implied in law covenants.
Remedies for Breach of Contract
Most contracts are performed by the parties without problems. If Company A orders a product from Company B for a certain price, usually it is to the parties benefit that the contract be carried out as agreed. Company A gets the product it needs, and Company B gets paid and makes a profit. Sometimes there is an agreed delivery date but the product arrives late. Sometimes there are problems. Perhaps Company A does not get the product it ordered. Perhaps the price was quoted incorrectly. When these issues arise, an analysis as to whether there is a breach of the contract is necessary. If there is a breach, then one must determine the remedy for the breach.
Analysis of the issues discussed above requires the skill and learning of an attorney in contract law. At the Law Offices of Stephen J. Mooney, we will advise you as to whether you have a valid contract. We will assist you in interpretation of your contract, and inform you of remedies for breach of contract. We will handle these matters in a variety of ways.
We can attempt to settle any dispute you may have. We can do this through negotiation, mediation, arbitration or litigation. We are creative problem solvers.