Contracts



Contracts take many shapes and sizes and important details often go unnoticed to the untrained eye. Many contracts do not have to be in writing to be enforceable. Oral agreements are often the basis our everyday contractual relationships. On the contrary, many agreements we enter into on a daily basis may appear to be oral but are in fact evidenced or effected by a variety of written documents. For example, did you know that your daily trip into the local coffee store is the basis of a contractual agreement? When you order a cup of coffee, you have contractually agreed with the vendor to pay the price posted on the menu board for that coffee. Is this contract oral or written? There are plenty of written terms to evidence the agreement. First there is the cash register receipt which you may have declined but nevertheless defines certain terms of the transaction. Often the vendor has made warranties and representations such as "This coffee is brewed from 100% Columbian coffee beans". Did you notice the disclaimer? There is probably a notation on the cup that the coffee is hot and could burn you if you are not careful. What about your contract with the parking garage. Have you noticed all of the terms, conditions and limitations of liability on the little ticket dispensed at the gate of the garage? It usually disclaims any liability for the theft of any articles left in your car in plain view. Contracts and contract terms are all around you, are found in a variety of places and are often evidenced by a writing even though the parties did not engage in solemn ritual of exchanging formal documents with each other's signature carefully affixed at the bottom.

We regularly counsel our clients on their contractual matters and the manner in which they conduct their business affairs. Our experience ranges from substantial once in a business cycle transactions such as the purchase or sale of another business to the smallest details of the day to day business transactions that can have a substantial effect on the operation of a business.