Contractual Disputes

Contractual disputes arise when there is disagreement over the interpretation of terms in a contract, or when a party does not comply with the terms.

We recommend seeking legal advice in the following circumstances:

Before entering into a contract:

The right legal advice can help you avoid contractual disputes, or protect you if one arises. Before you enter a contract, speak to a lawyer about:

1. Preparing a written contract:

A well-written contract ensures all parties know what is expected in an agreement. It provides more certainty and minimises risks. If you have entered into a verbal agreement, we can prepare a written contract to make the agreement more official. If a dispute does arise, the written document will become the undisputed proof of what was agreed upon. A well-written contract will also ensure that you get compensated if the other party does not comply with their obligations.

At Stephens & Tozer, we prepare employment contracts, service agreements, franchise agreements, deeds, agreements regarding property, and other miscellaneous contracts.

2. Understanding what you are agreeing to:

Before you enter into a contract, we can help you to understand your rights and obligations, as well as the obligations of other parties involved. You may find the contract can potentially put you in a difficult position, or provides more protection to the other party. We will advise you on:

  • What you are required to do under the agreement
  • What is required of the other party
  • What will happen if a party does not fulfil their requirements
  • How the contract can be terminated or amended

It’s important to know that contracts do not always have to be a written, signed document. A verbal or informal agreement can be legally binding too. You could be bound to the agreement even if you have not read all the terms, or do not understand them.

After you have entered into a contract:

If you have already entered into a contract, we can assist you when:

3. The other party has not complied with the terms of a contract:

If the other party has not complied with their obligations, we can assist you with enforcing your rights and assessing the remedies available to you. If you suffer loss because of the breach of contract, the Court may award damages to compensate you. We will seeks to resolve the breach in a cost-effective, timely manner.

4. You have not complied, or cannot comply, with the terms of a contract:

You may be stuck in a position where you are bound by a contract but cannot meet your end of the deal. Maybe you have already breached the contract and need to know how to minimise the damages. Allow us to review the contract and advise you on your options.

Contact us today to discuss your contractual concerns.

 


Blog

Restraint of Trade in a Different Light