Contracts are created and used every day to outline agreements between individuals and parties as a legal way to document expectations and details about an agreement. As a binding document, contracts can be informal verbal agreements or more formal ones written by contract attorneys in College Station for more complex circumstances. Questions do arise how certain laws affect an agreement based on how it was made and what it included, making it important to understand the legality behind contracts and their enforcement before it is signed.
The Meaning of Contracts
According to most College Station attorneys, there are a number of different kinds of contracts, although the essence of them are usually the same. It is a record of an agreement between two parties, the expectations of such an agreement, and what could happen if such expectations were not met.
- Written – A written contract is the most binding of all contracts; it is proof an agreement was made, who is a party to the contract, and when it was signed along with other important details. Written contracts are recommended whenever a record of obligation is necessary; the document is factual and can be used by an involved party for resolution resulting from a breach or other unsatisfied condition.
- Implied – These are contracts created by ordinary purchases and other transactions. By exchanging money for items, an implied contract has been made and fulfilled when the expectations of both parties have been met. Contract terms are those stipulated by the seller, such as price, guarantee, etc.. which the buyer acknowledges and agrees with at the time of purchase.
- Oral – This is the hardest type of contract for attorneys in College Station to handle because it is based on a verbal agreement between involved parties with commitments made regarding a subject or item and pertinent details related to the fulfillment of that contract. Enforcement is difficult because it requires the offended party to prove that a commitment was actually made and agreed upon. Because of this, it is often wiser to have at least a basic written contract that includes the signatures of all involved parties.
Contracts are usually made in good faith, meaning that both parties promise to fulfill their part of the agreement – and their word is accepted on good faith. The most enforceable contract is a written one; however, there are times when even a written agreement cannot be upheld, such as when dealing with potentially illegal items/actions or if a very important part of the contract affecting its legal interpretation has been left out.
Violation of public policy makes a contract null and void as does the inability to prove that an oral commitment was made if denied by one party. Similarly, implied contracts are enforceable for details outlined in the initial transaction, such as paying a specified amount for an item with a 30 day guarantee against manufacturer defects; however, it does not cover details not actually stated. Many retail sellers honor purchases beyond normal legal implications for good customer service; however, it is not legally required unless clearly stated ahead of time.
Contracts can be very simple – or extremely complex. It is definitely recommended that written contracts be used whenever necessary with correct wording in order for that agreement to hold up in court. Having contracts written by attorneys in College Station is the wisest choice whenever anything more than a simple implied or oral commitment is necessary. This is only fair to both parties within the legal boundaries of the agreement.
Let College Station Attorneys Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C. Help You!
When you need attorneys in College Station for contract help, call (979) 846-4726 and ask to speak with a lawyer from Hoelscher, Lipsey, Elmore, Poole & Turnbill, P.C.!