We enter into contracts on a daily basis, whether
purchasing a property or even buying a newspaper at the newsagents. If a
party fails to carry out the terms it agreed to, it may be in breach of
The contract itself is of key importance, contracts can
be oral or in writing. Advice may be needed on the incorporation,
interpretation and enforceability of terms contained in a written
Where a contract is oral and a dispute arises, it is important that
detailed witness evidence is prepared to support legal proceedings. We
are skilled in preparing witness evidence to give you the best
opportunity to persuade the court the terms of the contract are as you
assert them to be.
Commonly, contract disputes address the following issues:
- What terms are incorporated into the agreement?
- Are the terms enforceable? For example, can they be avoided under the Unfair Contract Terms Act 1977?
- Is the breach of contract one entitling a party to terminate and
avoid the contract or one that only entitles them to damages in
compensation for loss suffered?
- Is the contract avoidable? For example, are the parties at crossed
purposes as to what the terms of the agreement are (a legal “mistake”)?
- Was the contract induced by a misrepresentation of a party, for example
where a sales representative exaggerates or misstates the capabilities
of a product or service?
In addition to analysing the strength of the claim, we also analyse
the commercial sensibility of proceeding with litigation. A cost benefit
exercise needs to be carried out and your options of proceeding will be
set out clearly. We will advise you of your options to resolve the
dispute and the implications of offers of settlement made by the parties.
The risk of contractual disputes can be avoided by having suitable
terms and conditions and understanding how to incorporate them into the
contract. For further information please visit our Corporate & Commercial page.