A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. Contract law concerns the rights and duties that arise from agreements.
A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract.
Commercial Contracts
All businesses enter into contracts on a daily basis. We believe that you should take some time to review contracts, processes and procedures so as to pragmatically manage risk and ensure you have the best possible commercial advantage. We realise that no two businesses are the same, so we take time to understand how you operate and what is important to you.
Our experienced team of business dispute resolution lawyers will work closely with you to fully understand the issues you are facing and explore the best approaches to meet your commercial objectives. Our lawyers recognise that every dispute and every business is different and each will need its own tailored solution to suit your needs. We draw on our considerable experience in dealing with a wide range of disputes arising out of all types of commercial activity, including:
Sale and supply of goods and services
Agency, distribution and franchise agreements
Warranty and indemnity claims
Mergers, acquisitions and joint ventures
Retention of title
Exclusion and limitation clauses
Restrictive covenants
Breach of confidence
Professional negligence
Misrepresentation claims
Civil fraud
Breaches of trust and breaches of fiduciary duties
Unjust enrichment, knowing receipt and dishonest assistance
Economic torts, including procuring breaches of contract, causing loss by 'unlawful means conspiracy'.