Contracts are key to smooth business operations, but unfortunately they are not foolproof. It is not at all uncommon for contract disputes to arise between Florida businesses and vendors, customers or other parties. One common point of contention is whether a contract is legally enforceable. Consider the following factors that might make it difficult to enforce a contract.
Contracts must be readily agreed to by both parties without any type of undue influence. This means that, if one party threatened or coerced the other into signing, enforcing it could be in question. Misrepresentation — such as concealing certain facts — is another reason why one party might insist that a contract is not valid and should not be enforced.
While coercion and misrepresentation are deliberate acts, a contract might also be considered void if both parties make a mistake. This mistake should relate to existing facts when the contract was made and must have some type of material effect on the agreed exchange. The details of such a mistake are key, as it is not uncommon for parties to try and get out of a contract by falsely claiming mistakes were made. This is usually the result of failing to carefully read the terms of a contract.
There are a number of other reasons why someone might argue that a contract is not enforceable, including illegal terms or unreasonable favor to the party with stronger bargaining power. These types of contract disputes can easily eat up time and money that are valuable to Florida business owners. As such, it is often advisable to speak with a knowledgeable attorney about one’s options for dealing with a contract dispute.