Contract Law Disputes and Defense
Shield your business from the potential ramifications of a contract dispute. An experienced contract law attorney from the Jackson, MS, firm of Owens Moss can provide representation to protect your interests in contract litigation and help you prevent adverse action in the future. Owens Moss practices defense litigation for small business and corporations, handling simple and complex contract disputes with exemplary professionalism.
About Contract Law
A contract, written or oral, is an agreement that creates legally enforceable obligations. Federal and state laws specifically define the elements of a legal contract, as well as potential remedies for a breach, or violation of the contractual obligation. A breach of contract can occur in three ways. One party: 1) fails to perform a contractual obligation 2) hinders the other party’s ability to fulfill the contract or 3) repudiates, or declares an intent to decline full or partial performance. One party may allege damages due to a dispute over terms or may accuse the other of a failure to pay, failure to deliver, or a missed deadline.
Simple transactions can often be resolved by the parties, but when the stakes are high, it is prudent to seek professional legal counsel.
Negotiation can remedy a contract dispute, or there may be a lawsuit. A court judge can award damages to cover the losses sustained, which can include lost profits and missed opportunities. Other legal remedies include a court order to fulfill the terms of a disputed contract or to cancel or rewrite the contract. In defense of breach of contract, you can argue that you performed as required or that your failure to perform was justified by the actions of the other party.
Alternatively, the contract may be rendered invalid or unenforceable for a number of reasons. These include:
- Mutual mistake – A mistake was made by both parties, which can void the contract on the grounds that there was no actual meeting of the minds, or valid agreement.
- Inducement by fraud – Fraudulent misrepresentation of a material fact may induce a party to enter a contract that should therefore be declared invalid.
- Duress – A threat or perceived threat induced a party to enter into the contract.
- Undue influence – A party entered into a grossly unfair contract because another person or entity exercised undue control or power over the party or situation.
- Impossibility – An unforeseen circumstance has made performance of a contract impossible.
- Indefinite contract – Essential details were not agreed to, and the contract is merely an intention rather than contractual agreement.
- Estoppel – The other party excused performance of the contract, and is now denying the statement and declaring a breach.
Legal Counsel for Contract Disputes
Contract disputes occur in virtually any type of business and personal endeavor, including mergers and acquisitions, construction, employment, insurance, and procurement. Simple transactions can often be resolved by the parties, but when the stakes are high, it is prudent to seek professional legal counsel.
If you are confronting a contract dispute, our attorneys can help clarify the legal implications and provide effective means for defending your interests. The founders of our firm have decades of experience in negotiation, mediation, and litigation. We are knowledgeable and meticulously thorough, with a reputation for successful resolutions for clients.
The earlier you involve our firm, the better your potential outcome. We also offer corporate services for drafting and negotiating your contractual interests. Please contact our office today to schedule a consultation.