An Overview on Contract Law
Understanding contracts and possible remedies for breach
on February 10, 2020
Updated on March 30, 2020
Contracts are present in every area of our lives, from buying a house to buying coffee. At their core, contracts are just fancy promises that we count on each other to follow through with. The law provides incentives beyond good interpersonal relationships by creating a system of punishments for failing to keep up your end of a contract.
For your contract to be legally enforceable, it will need to meet a few basic requirements. Once you’ve done that, the law can help you recover if your counterpart doesn’t follow through with the agreement. In order to do both of those things, you might find it helpful to seek the advice of a lawyer. The following overview will give you a look at contract basics and a few possible remedies for breach so you feel comfortable speaking with a lawyer.
A contract is an agreement between parties that creates mutual obligations or promises that the law will enforce. Many of the details of contract law, including available remedies and how to determine whether there has been enough performance, are governed by state law. That said, every contract, regardless of jurisdiction, requires the same basic elements.
Mutual assent is sometimes described as a “meeting of the minds.” It involves offer and acceptance. An offer is a promise in exchange for performance by the other party. The offer can be accepted by a return promise, in some situations, or by performance in others. Both offer an acceptance, meaning the parties intended to enter into a contract.
Consideration is required in every contract and is basically what each person gets in exchange for the agreement. Consideration is usually an agreement to do something you are not legally obligated to do or an agreement to refrain from doing something you have the legal right to do. As an example, if your uncle promises you $1 million if you stop doing illegal drugs, you do not have a contract because you do not have a legal right to use illicit drugs. However, if you hit your neighbor’s car and they agree not to sue you if you pay to repair the car, you likely have a contract because your neighbor has the legal right to sue you.
Even when consideration seems disproportionate (someone sold you their old wedding dress for $50), courts rarely pass judgment on the level of consideration. Generally, as long as parties are not contracting to do anything illegal, courts are likely to accept the terms of the contract.
The legal remedy for breach of contract is usually damages. There are a number of possible types of damages, including:
These are not punitive, but rather seek to make the non-breaching party whole. A party who awarded these damages will be compensated for losses they suffered because of the breach.
General or ordinary damages compensate losses that occur from the probable course of the breach. For example, if you were supposed to sell 10 yards of cloth to a seamstress for $20 a yard and then you failed to deliver the cloth, resulting in the seamstress buying from someone else for $30 a yard, the seamstress can claim $100 in damages.
These damages exist to punish breaches in an effort to deter them. They are rare in contract cases unless there has been fraud.
In some cases, courts will order specific performance of a contract to remedy a breach. In these cases, the breaching party will be forced to complete their end of the contract.
Below are some common questions you might want to consider when meeting with an attorney for the first time.
- How do I create an enforceable contract?
- What do I do if someone breached a contract with me?
- Do I have any defenses for breach?
- What is legal capacity to contract?
Finding the Right Attorney for Your Needs
It is important to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory, and use the search box to find a lawyer based on your legal issue or location.
To help you get started, you may want to consider looking for a lawyer who practices contract law.
Why Should I Talk to a Lawyer?
A lawyer can help you make sure you are writing a legally enforceable contract, and then your lawyer can help you enforce it. Your lawyer can review your agreement to make sure it’s legal and contains all the elements it needs in the event you need a court to enforce it later. They can also help you negotiate the terms of more complex contracts to help you get what you’re looking for. If you or the other party breaches the contract, a lawyer can help you navigate the legal system and negotiate a settlement.
A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.
Why Super Lawyers?
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. As Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public. You can learn more about the selection process here.