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A contract is a legally binding agreement between two or more parties. Once a contract is in place, it can be difficult to change. The parties to a contract have the right to change any of its terms, but the party claiming that a significant change has been made bears the responsibility of proving it. There are a few ways…
A contract that violates an express provision of law or is against public policy won’t be enforced by the courts. The subject matter, consideration, object, and purpose of a contract must also be lawful. If a contract violates any constitutional or statutory provisions or is against public policy, it will be deemed unenforceable. For instance, parties cannot alter the rules…
Clear approach + affordable. Agreements are essential to business, but not all agreements are legally enforceable. Experienced contract attorney can help you draft, review, and enforce contracts so that you can protect your business interests. We have a deep understanding of the law governing contracts, including the Uniform Commercial Code and common law. We can help you identify potential pitfalls…
A third-party beneficiary contract is a type of contract that benefits a person who is not a party to the contract. In Florida, a third party can only be considered an intended beneficiary of a contract if the parties or the contract itself clearly indicate that the third party is meant to directly benefit from it. How to Determine Intent…
Waiver is the intentional giving up of a right. In the context of contracts, waiver can be used to excuse a party’s failure to perform their obligations under the contract. In Florida, a condition in a contract can be waived, even if it is a condition precedent. This means that a party to a contract can agree to not enforce…
Who Said You Should Perform Don’t perform if you don’t want to, but be prepared to pay damages. The law does not require you to do something that is pointless or useless.If the other party has already refused to accept your performance and breach of contract, or if they have unequivocally repudiated the contract, you are not required to perform…
If you have been a victim of investment fraud, contact an investment fraud attorney today. In a civil lawsuit based on violation of the anti-fraud provisions of the Securities Exchange Act of 1934, a/k/a Rule 10b-5 violation, the following must be found by a preponderance of the evidence: 1. That defendant used an “instrumentality of interstate commerce” in connection with…