
Question 1. I want to enter a
contract. Are there certain elements it must have?
In order for a contract to be enforceable, it
must contain certain elements. Generally, each side to the
contract must agree to do something, such as a service or
make a payment. Further, there must be a value, called
consideration, to each side's performance of the contract.
If someone enters into a contract to do something they are
already obligated to do, then they are not giving anything
of benefit and therefore there is no contract.
Question 2. I
entered a contract verbally. Is it enforceable?
Yes. Unless a verbal contract is witnessed by
someone other than the parties making the contract, it is
often difficult to prove the existence of the contract in
a lawsuit in court because it is one person's word against
the other. Generally, you will be better protected if you
put your contract in writing. However, certain contracts
are only enforceable if they are in writing. These include
contracts for the sale of land, contracts for the sale of
goods for more than $500.00, and contracts which are
impossible to complete within a year.
Question 3. I
have a written contract, and the other party did not hold
up the bargain. What can I do?
You can write a letter to the other party
requesting that he/she honor the contract. If that fails,
you can file a lawsuit to enforce the contract. Please see
the "Civil Litigation" section as to how to file a
lawsuit.
Question 4. My
employer wants me to sign a contract. Can someone review
it for me?
Yes. Further, it is a very good idea to have an
employment contract, or any contract, reviewed by an
attorney prior to you signing the agreement.



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