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Contract Law

A contract is an agreement that can be verbal or in writing which specifies the particular actions that are to be undertaken by the contracting parties. Unilateral contracts only become activated when a specific action is performed (for example, a promotion run by a company). A bilateral contract is one in which both parties have to perform certain actions. For a contract to legally enforceable, it needs to have:

• An agreement
• Consideration
• The Intention to create legal relations
• Capacity of the parties to consent
• Acceptance

A contract needs to be indicative of an agreement between the parties. Consideration is the price that is paid in exchange for the contents of the contract. For example, in a contract for sale of land, the consideration is the price of which the property is being purchased for. Both parties also need to intend to create legally binding relations between that, in a similar vein, also need to have the capacity to enter into the contract. Finally, the terms of the contract need to be accepted by both parties. This is usually indicated by both parties signing the contract.

Legislation

Contact law developed through Court decisions in the common law system, and is fundamentally based on legal principles. However, there is also Australian legislation which governs contract law. Different types of contracts fall under different legislation, for example, some will fall under the Competition and Consumer Act 2010 (Cth). There is also state-based legislation which concerns contract law, such as the Contracts Review Act 1980 (NSW). Contract disputes are in the civil system, and can be heard by state Courts and the Federal Court of Australia.

What Is A Breach of Contract Lawyer?

Breach of Contract lawyers (or contract lawyers) assist people who require quality advice on a verbal contract or written contract that contains terms and provisions that have been breached by the other party. Normally, a breach of contract can occur when a person fails to perform within an allocated time frame, or commits an act that goes against the contract.

Generally contracts can come in many forms. For example:

• Business agreements
• Terms of trade agreements
• Shareholder agreements
• Joint venture agreements
• Partnership agreements
• Loan agreements
• Sale and supply of goods agreements
• Franchise agreements

Regardless of what form a contract takes, Breach of Contract lawyers are highly experienced at reviewing contracts and identifying whether a breach has occurred.

Why Do I Need A Breach of Contract Lawyer?

Breach of Contract lawyers should be a point of contact for individuals and businesses. These lawyers understand that enforcing contracts is not easy, and the law itself can be quite complicated. Lawyers with expertise in breach of contracts can devise remedies to resolve any issues that arise as a result of the breach. It is recommended to consult with a Breach of Contract lawyer if you believe your contract has not been followed through.

What Will A Breach of Contract Lawyer Provide?

Breach of contract lawyers will provide effective solutions for individuals and businesses that are specifically catered to their situation. While keeping their clients’ best interests in mind, Breach of Contract lawyers will carefully negotiate and amend contracts that are not compliant with relevant laws. Remedies for breach of contract include an award of damages, specific performance (where the breaching party is ordered to perform the contract by the Court), or an injunction (where a party is ordered not to do something).

What will a Breach of Contract Lawyer charge?

Usually, Breach of Contract lawyers, and lawyers in general, charge either a fixed amount or an hourly rate. Also, fees are calculated based on the solicitor’s expertise, experience, location, complexity of the work involved, and whether the work is urgent.

We work with lawyers in our lawyer network who specialise in contracts and can provide assistance on a fixed-price basis. We make sure the price is transparent and affordable. There are no hidden costs and you have the option of choosing who you want to be your lawyer.

Hourly rates and Court fees

The cost of a Breach of Contract Lawyer will vary based on the scope of the work. Small issues likely to be addressed quickly will cost less. For matters that will need to go to Court, there may be additional fees involved, particularly as this work takes time. These types of matters may also involve obtaining documents and negotiating with the other party.

What can a Breach of Contract Lawyer legally charge?

Legal costs can rise very quickly, especially in litigation. However, this is sometimes hard to avoid when work is being done by a lawyer on an hourly basis. Where fixed-fees are not offered by the lawyer, you should expect to be invoiced on a monthly basis with a time period within which you are required to make payment. Lawyers are required to adhere to the rules outlined in the relevant acts. For example, in NSW and Victoria, this is the Legal Profession Uniform Law 2014.

Lawyers are required to provide to their clients a document called a ‘costs disclosure’ if your costs will be higher than $750.00. This document will outline how costs will be calculated in relation to your case. Also be mindful that costs are divided into ‘professional costs’ and ‘disbursements’, and you will be expected to pay for both. Professional costs are the costs of the actual work done by the lawyer, whilst disbursements cover incidentals such as court filing fees, telephone calls, photocopying charges – amongst other things.

What if I don’t agree with the costs?

You have the right to request an itemised bill that will outline how much time was spent on each task in relation to your matter, and how this adds up to the fee you’re requested to pay. If you wish to dispute the cost, you can make a complaint to the The Office of the Legal Services Commissioner (OLSC) and they will investigate the matter and may allocate a costs assessor. You can also take further legal action in the Courts if you feel you have been unfairly charged.

Useful information

• 5 Questions to Ask When Hiring a Breach of Contract Lawyer
• What is the difference between a contract and an agreement?
• Consideration – Is A Contract Enforceable Without It?
• What’s The Difference Between A Memorandum Of Agreement And A Contract?