Contract Law Texas

The Houston Business Contract Lawyer at the Pursley Law Firm in Texas has extensive experience in business and contract law and can assist you or your company in contract law anywhere in Texas. With our base in Houston, we can be of service to you in Dallas, Fort Worth, Austin, San Antonio, El Paso or wherever you are located in Texas. At the Pursley Law Firm, we have successfully assisted business clients involved in all aspects of contract law.

Simply put, a contract is an agreement that is legally enforceable, created between two or more parties. Contracts in business are generally governed by Texas Common law or the Texas Commerce Code depending on the type of contract and the situation involved if the contract was made in Texas. Almost any business dealing may be considered a contract, even the most common place bills of sale; employment agreements, or purchase orders. All of these have the basic component of a contract where something is given by one party and something is received by another party. In order for a contract to be enforceable, the parties that agreed to the original contract must be competent and had a mutual agreement of the terms for the contract. It should be common sense that contracts that involve valued goods, employment, or money should be in writing.

A lawyer is your best effort to prevent problems with the contract or enforcing it later on and this means your money can be well spent with legal advice early on, rather than waiting for a lawsuit or required enforcement later on. In small business cases, sometimes a simple form can serve as a contract, but an attorney experienced in business and contract law should advise you on your particular situation and need. It is not uncommon in business to have a "breach of contract", meaning that one party did not live up to their end or obligation in the contract. You most likely will need the assistance of a mediator and/or attorney to see that the contract is enforced when a "breach" is alleged. While it is common to try and have a contract enforced through filing a lawsuit and using the court system, it often is more efficient to utilize a skilled mediator rather than seeing the lawsuit through. Mr. Pursley is a skilled mediator that was trained at one of the top mediation institutes in America and will be an incredibly important asset to your case. Considering the effect of enforcing a contract through legal means, sometimes, the legal battle is not the best choice and having an attorney experienced in mediation, negotiation, and the court system may make the process less painful.

This process is complicated because there are different kinds of contracts that can be legally enforceable. The most common contract being a "bilateral contract" which is a mutual trade of promises and each party can be both the maker of a promise and the recipient of a promise. An "express contract" is very explicit and can be either spoken or written that simply expresses the agreement and terms. There is also an "implied contract" that in accordance with its name is not explicitly stated, but shown by the behavior of the parties involved. Their behavior should show the intent of entering into an agreement even if the words were not actually spoken or written. This type of contract is obviously the most difficult to prove.

There are several contract defenses that can be attempted to prevent the enforcement of the contract. If it is proven that there was incapacity to contract, unconscionability, or a party was under undue duress or misrepresentation for agreement to the contract; if there was mutual mistake, or if there is public policy or illegality involved; then the contract will not be enforced.

Contract and business law can be very confusing and is very situation specific. The above is a very brief and general overview, but if you have additional questions or think you need the assistance of an experienced business law attorney, then contact The Pursley Law Firm with your questions and potential case.

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