Berry, Quackenbush and Stuart:  Columbia Attorneys
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Last Updated:  10.02.2006

 


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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