Do you know what you are agreeing to when you sign a contract?

April 17, 2018

Do you have a valid contract?

Written contracts provide legal documentation detailing the expectations of both parties and how negative situations can be solved. To have a valid contract, there has to be an offer, an acceptance of the offer and consideration.  An offer is a written or spoken statement indicating a person's willingness to enter into an agreement with another. Acceptance is an express act or implication by conduct that manifests assent to enter into an agreement with another.  Consideration is a promise to act and/or provide goods, services or money. The most common form of consideration is the payment of money. It is imperative that a written contract describes the agreement between the parties with enough specificity to make it enforceable.

Under Florida law, certain types of contracts must also contain the parties’ agreement on specific issues in order to be enforceable. A lawyer can help you determine what needs to be in your written contract to make it a legally binding and enforceable in a Florida court.

 

Do you understand all of the terms completely?

It is crucial to understand all of the terms in a contract before you sign it.  Contracts contain legal terms which have specific meaning generally not completely understood by non-lawyers.  Once you sign the contract, it is legally binding. Not understanding the terms is not going to help you avoid being bound by the terms therein.

Contracts often contain legal terms including: indemnification, default, severability and limitations on liability. These terms have specific consequences that might be written against your best interest. 

Businesses should utilize several types of contracts in the course of their business to protect their interests.  Some typical contracts businesses need are service/sales contracts, employment/independent contractor agreements, non-disclosure agreements, vendor contracts, non-compete agreements and commercial leases.

 

The Florida Supreme Court restricts the drafting of contracts by non-lawyers because of the complexity of these documents and the magnitude of adverse effects they could have if an issue arises.  It is important to contact a Florida licensed business attorney if you’d like to have a contract drafted or reviewed before you sign it. You can contact Wheeler Legal PLLC by calling (321) 209-5995 or email andrea@wheeler-legal.com to schedule a

 

consultation and find out how this firm can help you make your website become compliant.

 

Disclaimer: The information contained above is provided for general informational purposes only, and does not constitute legal advice, nor is it intended to create an attorney-client relationship. This firm aims to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this post. Nothing provided herein should be used as a substitute for the advice of competent counsel.

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