NORTH CAROLINA CONTRACTS
Friday, October 14th, 2011WHAT IS A CONTRACT?
A contract is an exchange of mutual promises, where there is a “meeting of the minds” or agreement to specific terms.
WHEN ARE CONTRACTS ENFORCEABLE
Generally a contract upon agreement is enforceable, unless there is a law against the formation of the type of contract or there is a requirement that the contract be in writing. In North Carolina the following contracts are required to be in writing and signed by the parties:
Executor of an estate provision
Marriage
Sale of goods over $500.00
Surety or Guaranty
Transfer of Land or creates an interest in land
Contract’s performance will take longer than one year
ARE THEIR ANY WAYS I CAN GET OUT OF A CONTRACT
Yes there are several defenses available to the enforceability of a contract such as:
Minority –contracts entered into by minors;
illegality –contract is for an illegal purpose;
Fraud –there is some sort of deception during the formation of the contract;
Incapacity –the person who entered into the contract was not of good mental capacity to do so;
Impossibility / Impracticability –the terms of the contract become impossible to perform by no fault of the promisor;
Unconscionability—the terms of the contract on it’s face are inherently unfair to one party; ect.
Bankruptcy –most contracts can be voided, avoided, or discharged in some forms of bankruptcy, particularly chapter 7 and chapter 13.
WHAT SHOULD I DO IF I AM IN A DISPUTE OVER A CONTRACT I HAVE ENTERED INTO?
Contact an Business Attorney immediately. Certain matters can be disputed amicably prior to litigation if handled accordingly. Ignoring a inherent issue will not cause it to go away. A Business Attorney can discuss with you the severity of the of the dispute, whether there has been a breach, what if any defenses you have.
Maxwell Law Firm, PLLC is a full service Law Firm located in North Carolina that offers: business start up services, business tax analysis and advice, drafting or revising of business contracts and agreements, assistance with filing business tax returns and tax collection defense, and help with business disputes and litigation. Save 25% off the legal fees by scheduling your appointment online.
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