Contracts are entered into by individuals and businesses on a daily basis, yet there is often little consideration given as to exactly what rights and obligations apply before agreeing one. Even when agreements have not been committed to writing, a binding contract may still have been entered into orally.
In situations where the parties have not agreed particular aspects of a relationship, terms will be implied by law, or by a course of dealing between the parties and understandably, there is a higher chance of this type of agreement resulting in disagreement or a dispute than if written terms had been carefully understood and negotiated.
Given the volume of contractual arrangements you or your business will enter into it is not surprising that the occasional relationship encounters difficulty when something unforeseen occurs, the benefit to one party diminishes and alternatives are considered or communication breaks down.
The steps taken in the immediate aftermath of a potential dispute coming to light will often determine the quality of the resolution. Taking expert legal advice at this stage will maximise the chances of an amicable and commercially advantageous outcome and we will always explore the more informal methods of alternative dispute resolution available (such as negotiation, mediation or arbitration) before suggesting taking formal action through the civil justice system.
Our team of dispute resolution solicitors have a deep understanding of the various legal and commercial forces that are at work when assessing the optimal and most cost effective method of bringing about a conclusion to a contractual dispute. Whilst assessing whether you or another party are exposed to liability after a disagreement is usually the crucial first stage, our experience in anticipating the probability of different consequences coming to light and the cost of them to you and your business, will put you in the most informed position to make a good decision.
We have substantial experience advising on and pursuing contractual disputes through the High Courts and County Courts and we have acted for high net worth individuals, entrepreneurs and businesses operating in a wide variety of industries including the professional, leisure, technology, property and sports sectors.
We are expertly placed to assist with both large and complex contractual disputes, as well as the more day to day issues you or your business may encounter, that involve:
- Supply of goods and services
- Warranty and indemnity claims
- Agency, distribution and franchise agreements
- Exclusion and limitation clauses
- Unjust enrichment
- Retention of title
- Restrictive covenants
- Breach of confidence
- Misrepresentation claims
- Civil fraud
- Breaches of trust and breaches of fiduciary duties