Can You Enforce a Verbal Agreement?

Can You Enforce a Verbal Agreement?

Business Disputes
You might know that contracts are always best in writing, but there may come a time that you enter into an agreement with another party without memorializing it in writing. Later, the other party might try to get out of their obligations, claiming that your discussion did not constitute an enforceable contract. Can you enforce the agreement and seek relief if the other party fails to perform? In many cases, the answer is yes. While some contracts must be in writing under the law, verbal agreements are enforceable in certain circumstances, as long as the agreement meets the elements of a contract. Put simply, there must be an offer, acceptance, and consideration for a valid contract.  Some instances when you need a written contract to enforce it include: The contract…
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Possible Remedies for Breach of Contract Claims

Possible Remedies for Breach of Contract Claims

Business Disputes
If someone fails to fulfill their obligations under a contract, it can be costly for your company. For example, if a supplier fails to make a delivery or only makes a partial delivery, it can put you in a bind, as you cannot fulfill your orders without the right supplies. You might need to purchase more expensive or lesser-quality supplies as a result. If you bring a breach of contract claim, what are the legal remedies you might seek and receive? Damages - You can seek compensatory damages from the breaching party for any losses your business incurred as a result of their failure to abide by the agreement. These can include expectation damages (the difference between the agreed-upon price and the price you had to pay for replacements) or…
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Will Your Partnership Dispute Go to Court?

Will Your Partnership Dispute Go to Court?

Business Disputes
When partners run a company together, it is expected they will disagree at some point. Sometimes, they only need to have a discussion to resolve the conflict. Other partners seek out the opinions of others, which can help them decide which way to go. However, if partners cannot agree on a solution to the dispute, it might be time to consult with an Encino business litigation lawyer. When you think about hiring a lawyer, you might think that your dispute is headed straight to court, but this is not always the case. Not even close. Instead, a business attorney will have the tools to help resolve the matter out of court whenever possible. This can include: Overseeing negotiations between the partners and providing advice from a legal perspective.Representing one or…
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Who Cannot be Party to a Contract and When Does it Matter?

Who Cannot be Party to a Contract and When Does it Matter?

Business Disputes
Contracts must meet certain requirements to be valid in California. Often, contracts are not examined for validity unless a dispute arises and one party takes legal action. Then, a party might allege that the contract is invalid because they could not legally enter into the agreement. If a contract is deemed invalid, it can cause serious losses to the other party. On the other hand, if someone signs a contract who is not able to do so, they need protection from liability and contractual obligations. Always speak with an Encino business litigation attorney about any contract disputes. Ineligible Parties There are different parties who the law considers to be ineligible to contract with other parties. These include: Minors under age 18 - With a few exceptions, minors cannot sign contracts…
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Do You have a Business Tort Claim?

Do You have a Business Tort Claim?

Business Disputes
“Torts'' is a legal term that means civil wrongs that cause harm to others. Between individuals, a tort might involve a car accident from negligent driving or a physical assault. However, what does torts mean in the business context? Businesses can file tort claims against individuals or other companies, and they can also face claims filed by others. One thing that business torts have in common is that they can all result in liability or losses to one or more parties. If you think you have a business tort claim, consult with an Encino business litigation lawyer about your options. Below, learn more about some common types of business torts claims. Breach of Fiduciary Duty Many people in a business organization have fiduciary duties. This is the highest legal duty…
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Resolving Partnership Disputes

Resolving Partnership Disputes

Business Disputes
Having one or more business partners can be highly beneficial, though it can also lead to conflicts between partners. When a partnership dispute arises, it is critical to address the situation right away and resolve it in the most effective way possible. This prevents the possible disruption of business operations. Always let a business litigation attorney in Encino evaluate your options for dispute resolution. Negotiations Sometimes, partners simply need an outside perspective to bring to the negotiating table to resolve a dispute. With the right legal and practical business understanding, our attorneys can oversee informal negotiations to help resolve the issue in a manner that saves everyone time and resources. Your Partnership Agreement If basic negotiations are unsuccessful in finding a mutually agreeable solution, our attorneys will review your partnership…
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Legal Options When Business Disputes Arise

Legal Options When Business Disputes Arise

Business Disputes
Business disputes can arise in a variety of different contexts. Generally speaking, when a dispute arises in the business context, it is usually best to try and resolve the dispute sooner rather than later. However, not all business disputes go to court. The experienced California business dispute resolution lawyers at Urbach Law Offices, PC, represent plaintiffs and defendants in a variety of legal matters involving commercial and business disputes, landlord/tenant disputes, construction disputes, and defamation cases. Our legal team will explain all of your options to you and help you decide on the best course of action for your case. Informal Resolution When disputes arise in the course of a business enterprise, such as between two or more business partners or between investors and shareholders, an informal resolution may be…
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