In today’s society it is crucial that businesses and individuals take steps to secure their working relationships and transactions in writing. Contracts are an essential business asset, as they ensure that each party is aware of both their rights and responsibilities and further potential liabilities in relation to same.
Any Contract or Agreement should be entered into prior to the commencement of any business or financial relationship to ensure your rights and interests are protected, as well as to minimise the risks of you requiring legal advice or assistance in the future in relation to such a matter. However, contracts are not strictly limited to situations where one person is advancing monies, such as a loan or investment, they are also necessary to regulate people’s behaviour and conduct in relation to the provision of services and/or goods. In any case, it is important to seek advice from a qualified solicitor about your legal responsibilities, as there are also various statutory requirements that may apply to your contract, that are impossible to exclude and must be complied with.
Every contract/agreement is unique, and we work closely with our clients to ensure that your document reflects your needs and circumstances, and most importantly to ensure there are appropriate mechanisms in place for the resolution of disputes should they arise.
Please always seek the advice of a solicitor before signing any legally binding document, so that you know exactly what you are agreeing to because you can be held accountable for same regardless whether or not you received legal advice.
Breach of Contract
We are experienced in dealing with all kinds of breaches of contract, including:
- non-payment of monies owed to you;
- breaches of non-compete clauses;
- breaches of confidentiality;
- misleading and deceptive conduct;
- supply of defective goods and/or services;
- theft of company property and clients; and
- unlawful termination.
Usually, your contract will contain provisions on how disputes are to be dealt with, and most contracts will require the parties to attend mediation before proceeding with court action.
Mediations are a cost effective opportunity to resolve your dispute, in a much timelier manner than issuing court actions and should be attempted prior to seeking the assistance of the courts. Instead of having a judge impose a decision, an impartial person is hired by both parties to assist them in isolating the issues in dispute, identifying possible settlement options, and negotiate the terms of a written settlement agreement.
We are committed to exploring all avenues
to resolve your matter.
If you are required to proceed to court, there are a number of remedies available to you, where the other party has breached the terms of your contract/agreement, including:
- an order for specific performance, requiring the other party to do what they have promised to do in the contract;
- an order preventing the other party from a particular act, or further breaches of the contract;
- an order declaring the contract is at an end, and requiring the breaching party to restore you to the position you were in before the contract;
- an order for damages or compensation.
The type of remedy available to you will be highly dependant on the type of breach, and the terms of your contract. In any case, we can provide you with practical advice about the quickest and most cost effective way to resolve your dispute.
If you require assistance in understand the terms of a contract, or in pursing enforcement options, please do not hesitate to contact us today.