Contractual Disputes
We are experienced in contractual disputes and litigation. We can help you to understand your rights, obligations and options moving forward. Contact one of our contract dispute lawyers for a consultation.
Almost everyone at some point in their life will come into contact with a contract. They can take many forms and can even be formed verbally, without anything being written down at all. As such, contractual disputes cover a very broad range of areas, some of which include:
‘Call and Put’ option contracts for the sale/purchase of property
shareholder agreements
The first step in resolving a contractual dispute is to consider the rights and obligations of the parties. This usually involves a thorough and considered review and analysis of the contract, along with applicable legislation and any common law principles which may apply. The contract itself may contain a dispute resolution clause which set outs the steps that need to be followed before the matter can proceed to court.
In the event that the contract does not contain a dispute resolution clause, the usual method for attempting to resolve the dispute involves liaising with the other party. This will usually involve sending an ‘offer of compromise’ or a ‘Calderbank offer’. In essence, these letters contain an offer (usually a monetary sum) to the other party in full and final satisfaction of the claim. Depending on a number of factors, these formal written offers to settle the dispute can also act as a form of protection for the party who made the offer should the matter proceed to court.
A frequent problem which can arise in contractual disputes is deciding, or agreeing, on the appropriate jurisdiction to hear the dispute. Often the parties to the contract are located in difference states or even countries, whilst the subject matter of the contract could have a connection with an area which is totally unrelated. These issues can still arise despite there being clause in the contract stating specifically where the dispute should be heard. This is because the courts have, over the years, shown their dislike of exclusive jurisdiction clauses which try to prevent certain courts from hearing the dispute in circumstances where there would otherwise be a sufficient connection with the jurisdiction where the application or claim was filed.
Disputes involving contracts require a lawyer familiar with the relevant legislation and the common law. Our lawyers have acted for many clients involved in contractual disputes and have the experience and drive to help you resolve the dispute. Contact the team at Pagin + Mak Lawyers for a free first initial phone consultation. We are more than happy to discuss any questions you may have and explain the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
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