Helping Business Owners Protect Their Interests
You must review and sign contracts if you are a new or existing business owner or organization. A contract is a legal agreement between two or more parties who agree to carry out specific obligations. Each party’s obligations to the other are considered “duties” under Arizona law.
As a result, contracts and agreements are a part of the normal course of doing business with customers and vendors. However, a poorly written contract can negatively impact your company or organization.
Before you agree to enter into any business contract, it is always best to have a knowledgeable lawyer review it to ensure its enforceability and that it offers you legal protections. A business lawyer has the comprehensive experience necessary to draft and review contracts and safeguard your investments.
If you want to learn more about how our business contracts can help to protect your business, contact the AVID Esq. Group, LLC of Arizona, and ask to schedule a free consultation to discuss your needs.
What Are the Legal Requirements That Make a Business Contract Enforceable in Arizona?
A contract must meet specific legal obligations to be considered valid under Arizona law. Therefore, there are fundamental elements of a contract that are required to confirm that a binding contract exists, which includes:
- An offer: It must be demonstrated that one or more parties made an offer. A typical example would be if a vendor offers to sell your business products for a fee of $10,000.
- Acceptance: The second element of a valid contract is “acceptance.” If your business agrees to pay the vendor the fee of $10,000 in exchange for the products, then the offer has been accepted. However, if your business offers the vendor a lower fee than they proposed, you have not accepted the offer but instead made a counteroffer. However, the vendor is under no obligation to accept the counteroffer.
- Consideration: Consideration must be shown for a contract to be considered legally binding in Arizona. Consideration is the benefit each party involved in the transaction will receive when the contract is completed. If the vendor accepts your offer, they will receive consideration, which is the money you pay them. In return, you will receive a consideration of the products you purchased.
However, business contracts are typically more complex, and unique factors often determine whether a contract would be considered enforceable. Arizona law stipulates that only competent adults can form contracts; sometimes, contracts must be written to be enforceable.
What Constitutes Breach of Contract?
Business contracts can take many forms, such as employee agreements, letters of intent, transactional agreements, implied contracts, or employee non-compete agreements, also called covenants.
A “breach of contract” can occur if one of the parties fails to comply with or stops doing what the contract terms stipulate. When the first party breaches their duty, the other party may be excused from their contractual obligations. Depending on how the contract is written, the party not in breach may be able to file a claim seeking damages.
However, before a claim can potentially be filed, it must be established that a breach of contract occurred. There are three legal elements to an Arizona breach of contract claim which include:
- First, it must be established that there was a legally enforceable contract.
- Next, it must be demonstrated that the terms of the contract were breached.
- Finally, you suffered a financial deficit as a result of the breach.
As with other claims, you must prove you suffered a financial loss; otherwise, you cannot file a claim for damages.
If your business is dealing with a breach of contract, you must hire a qualified business contract attorney immediately. A knowledgeable attorney can review the contract terms and advise you on the best legal strategy.
The attorneys of the AVID Esq. Group, LLC has extensive experience handling breach of contract cases and obtaining favorable client results.
Why is it Important to Hire a Business Lawyer to Help With Contracts?
Before signing any contract, you must allow a business lawyer to review the terms and conditions outlined to ensure you are fully aware of your rights and obligations. Poorly written contracts that do not adequately spell out the provisions between each party could negatively impact your business.
In some instances, such as with employee contracts or non-compete covenants, it is particularly essential to have an attorney help you to ensure the legality and enforceability of contracts. Furthermore, you want to ensure that all contracts comply with state and federal regulations to avoid any potential legal challenges in the future.
The strength of your business can significantly depend on how well a contract is written and how it benefits and protects the organization and employees.
Suppose you are a new or existing business owner. In that case, it is always best to have a skilled lawyer review any pending or ongoing contracts to ensure accuracy and avoid possible legal disputes.
Our legal team has comprehensive experience in reviewing and helping create contracts to protect you and the other parties involved. If you are still determining the benefits of hiring a business lawyer, contact our law office and ask to schedule a meeting with a qualified legal team member who can answer your questions.
Does Your Law Firm Have Experienced Attorneys Who Can Assist Me With Business Contracts?
The AVID Esq. Group, LLC of Arizona is a law firm passionately committed to helping clients protect their business interests. Our attorneys have the experience and skill to ensure that your business contracts protect your interests and are enforceable in Arizona.
Our attorneys know from their combined experience that not all parties involved in business contracts fulfill their legal expectations. As a result, if your organization is dealing with a breach of contract, our attorneys can provide the legal experience needed to resolve the issue so you can focus on your business.
If you are a business owner, you cannot afford not to have quality legal representation with every contract you draft or sign. Contact the AVID Esq. Group, LLC of Arizona, at 480-467-5636 and ask to schedule a free consultation on how we can assist you.