Resolving Contract Conflicts
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What is a Contract Conflict?
A contract conflict may occur when the terms of a contract are violated or disregarded. These may often involve a breach of contract, and occur after the contract has been finalized and signed. Some contract conflicts may occur at earlier stages of the contract formation. For instance, there may be a conflict as to a the meaning of a word in the contract as it’s being negotiated. This can lead to future errors or breaches of contract.
What are Some Types of Contract Conflicts?
Since contracts are used in so many different situations, the exact subjects of a contract conflict will vary greatly. For instance, some conflicts may also involve employment matters, construction disputes, warranties, and many other areas of law.
Some typical contract conflicts may involve:
- Failure to render payment or deliver products on time
- Disputes over pricing, quantity, and other terms
- The use of fraud, deceit, or coercion during negotiations or during the fulfillment of the contract such as with the sending of an invoice
- Assigning contract benefits or duties to another party in an illegal way
- Failure to perform any other contract obligations as listed in the agreement
What are Some Methods for Resolving Contract Conflicts?
Most contract conflicts are resolved by filing a private lawsuit in a civil court. Contract remedies can be divided into two main types: legal remedies and equitable remedies. Legal remedies usually involve one or more types of damages for breach of contract. There are many different types of damages, such as compensatory damages, nominal damages, etc; these may vary according to the types of conflicts involved.
Equitable remedies involve the parties actually doing something, such as rewriting a part or all of the contract. They may also involve a requirement that the breaching party perform their contract duties, such as delivering products or making payments as promised.
Do I Need a Lawyer for Help Resolving Contract Conflicts?
Contract conflicts can be difficult to deal with because they often involve a mix of different legal issues. You may wish to hire a lawyer if you need legal representation for contract issues. Your attorney can represent you in court during the actual proceedings. Also, you may wish to hire a lawyer early on during negotiations if you need legal advice on how to form a valid contract.
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Last Modified: 11-23-2015 12:39 PM PST
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