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Potential Issues
Contract law is often a complex subject area as it
covers such a broad range of issues in modern
society. When you buy a product (a computer
program for example) and there is an enclosed
warranty in the box, you have just formed a contract
with the manufacturer of that product. If you agreed
to sell your bike to a neighbor in exchange for them
mowing your lawn every month over a certain
period, you have formed a contract. Put simply,
almost any agreement between two or more people
(or companies) could have potential contract law
implications.
Arbitration
Often, the contract language will specify formal
Arbitration Process as being the desired method of
dispute resolution. Should this be the case, it will be
spelled out in your contract as to the applicable rules
that apply. Your attorney will be able to guide you
through this area, that is typically more cost effective
for the parties, but can sometimes be more
procedurally complicated.
Here, a licensed Arbitrator will hand down a binding
decision upon the parties.
Litigation
Formal litigation proceedings are typically the last
resort, when parties truly cannot agree on an
amicable solution. At this stage an attorney is
absolutely essential because of the complex
requirements imposed by the Civil Court System.
This process could involve in depth investigation
(Discovery) and several Court Hearings, before a
result is reached. Beyond the initial Trial, subsequent
appeals may be brought on behalf of the losing
party, which will only further complicate the
process.
(It is important to note here that a settlement may
be reached at any point during this process)
Remedies
Ultimately, your attorney will work toward
recovering one of several different types of remedies
depending on your specific situation. These can
include a simple cash award for reimbursement for
any damage caused by the breach of contract, an
Order for one party to perform on their end of the
contract, and (in rare cases) money to penalize the
actions of the other party (that may include attorney
fees.)