What Are Contractual Rights?

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What Are Contractual Rights?

Contractual rights are the set of rights guaranteed whenever people enter into a valid contract with one another. Contract rights usually involve business matters, including the provision of products and services. However, they can also involve other types of subject matter.

Examples of common types of contract rights may include:

What Are Implied Contract Rights?

Besides the contract rights that are expressly stated in the contract, there are also "implied contract rights". These are rights that exist based on the existence of contract laws and policies. These do not need to be written in the contract terms (although they can), as they implied by state and federal contract laws. These include:

Good faith and fair dealing: Each party in a valid contract is expected to operate according to "good faith and fair dealing" – that is they are not to act deceptively and should disclose all relevant information regarding the transaction.

Rights to be free from duress: Contracts should only be formed out of the free, informed decision of each party. A contract that is formed under duress (i.e., forcing one party to sign) is invalid.

Rights to be free from contract fraud: Likewise, the parties have a right to be free from fraudulent misrepresentation of information.

Violations of contract rights can result in various remedies, such as a damages award, voiding the contracting, or allowing the parties to rewrite portions of the contract. The selection of legal remedies in a contract violation case will depend on state laws as well as the nature of the violation.

Do I Need a Lawyer for Help with Contract Rights?

When entering into a contract, you may wish to hire a lawyer for legal advice and support. Your attorney can help you draft, review, or edit a contract to ensure that your contract rights are being fully protected. Your lawyer will also be able to represent you in court if you believe that your contract rights have been violated.

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Last Modified: 10-25-2013 03:08 PM PDT

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What Are Contractual Rights?,