Contractual agreements are black and white, right? They're written in plain English. Everyone signing them understands what they are agreeing to and they will always fulfill their end of the bargain. Right?
While this should be the case, it's often not true. Disputes are common and often hinge around a contract's meaning, enforceability or validity. Contracts are put in place as a protection to all involved in the transaction: both businesses providing goods and services and the consumers making the purchase of goods or services. The protection comes from the legally binding nature of the document.
According to California Civil Code, a contract is either express or implied. With an express contract, there is a written agreement. With an implied contract, terms are evident through the conduct of the parties involved. California state will recognize oral contracts unless statute requires a written agreement in the particular situation. When attempting to depend upon a verbal agreement, discuss your situation in detail with an attorney before making any solid plans. Verbal agreements can be considered binding, but you need the assistance of an experienced southern California business attorney to make sure your business is fully protected.
The best method of avoiding future problems with business contracts is to have them generated or at least reviewed by a qualified business attorney. Doing so could save you a lot of grief in the future as a contractual agreement that is not airtight will almost inevitably be called into question at some point. If you have a standard contract that you use in your day-to-day business practices, call to make an appointment with an experienced business attorney today. It could be the most productive thing that you do all year for yourself and for your business.
If you need help with a business contract, get in touch with the southern California business attorneys at The Law Office of Retz & Aldover LLP today.