Getting Out of a Contract
Contracts are what are known as “legally binding agreements.” While these agreements can be oral or written, the majority of contracts that are significant to the lives of people are typically written and signed by parties involved in the transaction. A few examples of contracts include employment contracts, real estate contracts, and insurance contracts.
While contracts can play a significant advantage in the lives of people, sometimes they need to be broken. In some cases, getting out of a contract would be required because they fail to meet certain legal requirements, and in other cases, maybe because they were invalid from the beginning. In any of these above-mentioned cases, the courts can “void” the contracts.
A few situations that require the aid of aid of an Attorney in getting out of a Florida contract include:
- An impossibility to fulfill the contract.
When people involved in a contract where they perform what is required of them, it is called performance. However, sometimes, things happen which make it impossible to perform a task required in a contract. This is known as the impossibility of performance. Here, either party is entitled to breaking the contract.
- Fraud, mistake, or misrepresentation in a contract.
In certain instances, you can break a contract if the other party does something improper. You can also break the contract if the other party and you made the same mistake for establishing the contract. Breaking a contract, for this reason, is known as rescission.
However, if either party is tricked into establishing a contract with another party you can rescind the contract. Fraud and misrepresentation are similar reasons which allow you to get out of a contract.
Sometimes, individuals can escape getting out of a contract due to the law not allowing them to establish a contract due to age, or not being in sound mind to establish a contract. An example would be a minor signing a contract to purchase a used car. The contract becomes voidable due to minors not being able to establish such contracts.
- Breach of contract.
If you’ve entered into a contract with a party and they breach that contract, you do not need to do your end of the bargain. A breach occurs when one party of a contract:
- Refuses to fulfill his/her end of the bargain.
- Does something he/she wasn’t supposed to do.
- Blocks you from doing what you’re supposed to in the contract.
While breaching a contract is a lawful misconduct, not all breaches end up in courts. A breach has to be serious to mean something.
You can sue someone who makes a “material breach.” This means the breach goes to the heart of a serious contract. An “immaterial breach,” however, doesn’t go to the heart of the contract which means it doesn’t require the involvement of the courts.
- Agreement to end a contract prior to the specified time.
Contracts can also end prior to the agreement. The contract can end by either party giving a written notice to the other party that would contain a provision on how it can be terminated. While those conditions are met, the contract can end.
You can’t always read every contract that you come across. For the more important contracts, it pays to have an attorney help you with the situation. If you are looking for legal assistance to get out of a contract, the Gretchen-Ortiz Law Firm is here to help you. We can assure that our lawyers support you with all the necessary information and the most satisfactory services to assist you to get out of a contract legally!
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