When is a Contract Provision Unconscionable?

When is a Contract Provision Unconscionable?

Contract Disputes
While two people generally have the freedom to enter into a contractual agreement with one another, there are some limits. One party cannot strike a bargain that takes advantage of their bargaining power that is so significantly unfair and unbalanced that it would be considered unconscionable. In that case, the court may decline to enforce the agreement. An unconscionable contract is one that is unfair and oppressive to another party. The terms of the contract would suggest that one party had much more power in the formation and took advantage of it through these contract terms. This contract is so one-sided that requiring performance would be unjust. This is one example where a court would intervene to save someone from themselves when they have agreed to a lopsided contract. The…
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Resolving a Contract Dispute

Resolving a Contract Dispute

Contract Disputes
Both businesses and consumers enter into contracts on a regular basis. Contracts can involve purchases of products or services, business-to-business transactions, real estate matters, and much more. One thing that most contracts have in common is that a dispute regarding the contract can be costly. Contract disputes often arise when one party accuses another party of breaching the contract. A breach can involve a lack of promised performance or the failure to abide by the terms of the agreement, among other allegations. Contract disputes can result in losses or liability for parties, and it is best to resolve the conflict as efficiently as possible, often allowing the contract to proceed. A business litigation lawyer in Boca Raton can help you do just this. Methods of Resolution Not every contract dispute…
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Addressing Partnership Disputes

Addressing Partnership Disputes

Contract Disputes
Starting a business with one or more other people can be beneficial in many ways. You can divide the leadership roles, allocate management duties, and have different perspectives for growth and problem-solving. However, having more than one owner also presents the opportunity for partners to disagree on certain issues, and a dispute can arise. You do not want a conflict between partners to threaten the success of your business, so you should discuss how to address the issue with a Boca Raton contract dispute business lawyer as soon as possible. Common Partnership Disputes Disputes can arise regarding many issues and aspects of the company, including: Financial rights and obligations Authority issues Workload distribution Company objectives Income Whether the dispute is about the direction of the business or financial issues, allowing…
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3 Tips for Handling Contract Disputes

3 Tips for Handling Contract Disputes

Contract Disputes
In almost every industry, legal contracts form the backbone of business interactions. From making large purchases to hiring vendors and employees, the pieces of paper you sign can deeply impact all of your professional relationships. While you may assume that the language of your contract is clear, people may interpret things differently, leading to confusion over the expectations of each party involved. The fine print is one of the most common factors that can lead to contract disputes, with other issues stemming from contracts that are formed without input from all parties involved, without being drafted by the help of an attorney, and contracts which fail to designate contingency plans for unexpected events or changes. If you are facing a dispute over a business contract, just know that you are…
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