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When is a contract legally enforceable?

On Behalf of | Dec 17, 2021 | Business Law Litigation

Contracts are some of the most important tools available to a Florida company, and a breach of contract represents the potential for significant financial loss and complications. In matters involving contract review, drafting or negotiating, it is essential to ensure the agreement is legally enforceable. In the event the agreement comes under scrutiny or there is a dispute, enforceability is crucial. 

Defense of real contracts 

If there is a breach of an agreement, it is important to first determine if it is a legitimate contract. In order for there to be a valid contract, one party must make an offer, and the other must accept it. Business contracts should be in writing, carefully drafted and include all pertinent details. 

For a party to be enforceable, both parties much have the capacity to enter a legal agreement at the time of signing. There can be no evidence of coercion or misrepresentation by either side. Contracts that include mistakes, illegal terms and other issues may be ruled invalid and unenforceable by a court.  

After a breach of contract 

After a breach of contract, the owners of a Florida company may have to take their concerns to court. There are specific remedies that may be available, including compensation or mandated adherence to the terms of the agreement for the breaching party. An assessment of the individual situation by an attorney can allow a business to understand if their contract is valid, and if it is, how the business can move forward to protect its legal and financial interests.  

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