Contracts & Litigation
Experience & Know-how To Represent And Solve
Moving forward with legal action when you find yourself in a difficult situation that involves the breaking or enforcing of contract agreements can sometimes be a little overwhelming. Being hesitant in these situations can also be devastating to the financial success of your business.
When faced with a rock-and-a-hard-place circumstance that calls for drastic action, you want the confidence in lawyers that have the experience and know-how to represent you and solve these stressful contract issues for your business. In this fast-paced and competitive business world, there are many other issues you are presented with on a daily basis, legal litigation within contracts and business is just one stress we can handle to relieve you of the stress of taking legal action over contract violations.
We offer defense representation in litigation challenges such as the following but not limited to are:
Any and all disputes or claims against a contract agreement will be represented by James Brown Law with the finesse and confidence that you will need as a business when you find yourself in a contractual conflict that requires legal action.
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We Want Your Business to Succeed
Starting a new business venture in Palm Beach County? Purchasing an existing business? There are numerous aspects of commercial transactions that will benefit from the use of an attorney. An attorney from James Brown Law can help you form and maintain:
We can also review, negotiate and close the purchase and sale of businesses, business assets, business interests, stock, and membership interests.
Frequently Asked Questions
In general, Florida does not have a cooling-off period for most types of contracts – once a contract is signed, it is typically considered binding and enforceable. However, certain contracts or transactions have their own provisions or requirements for cancellation or cooling-off periods.
Thus, the first thing you need to find out is whether your contract is subject to the cooling-off rule. For example, if you contract for services to be rendered in the future on a continuing basis, you are entitled to a 72-hour cooling-off period. This also applies to home solicitation sales of more than $25 in cost. Per Florida law, you are entitled to cancel the contract within three days of signing without penalty.
In general, the parties to a contract are the ones who can sue to enforce it. This means that if there is a breach of contract, the party who was supposed to receive certain benefits or performance under the contract can initiate a lawsuit to seek enforcement of the terms and potentially claim damages or other remedies.
The ability to sue to enforce a contract typically rests with the individuals or entities that are party to the agreement. This can include individuals, businesses, organizations, or even government entities, depending on the nature of the contract.
However, note that enforcing a contract is subject to factors, such as statute of limitations, mandatory dispute resolution procedures outlined in the contract, or specific legal prerequisites.
Disputing a signed contract can be challenging, as a signed contract is generally considered legally binding and enforceable. However, there are certain circumstances in which a party may be able to dispute or challenge a contract. Here are some potential grounds for disputing a signed contract:
- If both parties made a significant mistake or had a fundamental misunderstanding about a material aspect of the contract, it may be possible to argue that the contract is void or should be rescinded.
- If one party intentionally misrepresented facts or engaged in fraudulent behavior that influenced the other party’s decision to enter into the contract, it may be possible to challenge the contract on grounds of fraud or misrepresentation.
- If one party was forced or coerced into signing the contract under duress or undue influence, it may be possible to argue that the contract is invalid.
- If the terms of the contract are excessively one-sided, unfair, or oppressive to one party, a court may deem the contract unconscionable and refuse to enforce it.
- If one party has already breached the contract by failing to fulfill their obligations, the other party may have grounds to dispute the contract and seek remedies for the breach.
Once a contract is signed, it is generally considered legally binding and enforceable. In most cases, there is no inherent right to rescind or cancel a contract after it has been executed. However, there are exceptions to this general rule. The Federal Trade Commission (FTC) has implemented a cooling-off period rule known as the 3-day rule, which typically applies to high-pressure sales situations. This rule is often relevant to sales made in your home (such as door-to-door sales), at dealerships, or at conventions.
If this law applies to your situation, you may have a three-day window to cancel the contract without any repercussions. Additionally, state and federal laws may provide cooling-off periods for specific industries, typically in situations involving high-pressure sales tactics. Examples of such industries include campground memberships, gym or fitness agreements, and contracts for home repairs.
A contract can be terminated or legally ended based on various grounds. The specific grounds for contract termination can depend on the terms and conditions of the contract itself, applicable laws, and the circumstances surrounding the contract. Here are some common grounds for contract termination:
- Breach of Contract
- Mutual Agreement: This requires the consent of all parties involved.
- Impossibility or Frustration of Purpose: This is also known as the “Force majeure” clause and is triggered if circumstances arise that make it impossible to perform the contract or frustrate its original purpose. This can occur due to events like natural disasters, war, or changes in law that make performance impracticable.
- Misrepresentation or Fraud
- Duress or Undue Influence
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