A particular performance can be described as court-ordered performance of the original contract by the breaching party and is the remedy chosen in special situations where damages are insufficient. A particular situation that justifies a certain performance is the purchase of real estate – since real estate is considered legally unique. By ordering twenty Big Macs, the pranksters accepted McDonald`s offer or promise to deliver Big Macs in the quantity ordered. Note that they have not signed a contract. And the wording of the transaction, at least with their understanding of the law, might not have suggested to them that they were actually entering into a contractual agreement by simply ordering a few sandwiches. Some people believe that contracts must be written to be enforceable. While this applies to specific types of transactions (listed below), all other oral (legal) agreements that contain the three key elements – an offer, an agreement, and a counterparty – are likely to be binding and enforceable under Arizona law. Contracts are the building blocks of the business. This article discusses the basics of the “elements” necessary to create a legally binding contract. Claiming damages for deprivation of employment is a complicated process. It is important to seek qualified legal help in order to understand labor rights in Arizona and employer rights in Arizona. A Phoenix employment lawyer can help. If you are struggling with an employment contract violation in Arizona and need answers, contact the law firm ARTEMiS.
Our qualified and experienced contract and business lawyers can help you understand your rights and obligations under the law. Contact us today. [otw_shortcode_button href=”artemislawfirm.com/contact/” size=”large” icon_position=”left” shape=”round” color_class=”otw-orange”] Contact us[/otw_shortcode_button] An oral contract is exactly what it sounds like, it is an oral agreement on an exchange of goods or services between the two parties. The agreement on the exchange of goods or services between the parties is legally referred to by the Latin expression quid pro quo, which translates as “something for something” and is the defining characteristic of a contract. Of course, the law is often complicated, and many other factors can play a role in whether a contract is considered enforceable. Among other things, contracts must generally be concluded by competent (adult) parties who give their voluntary consent to be a contracting party. In some situations, contracts must be written to be enforceable. For an “offer” to exist, a person (or group of individuals or organization) expresses their willingness to exchange with another person, group or organization. We are talking very broadly here, and the same basic principles of contract law apply, whether you are the CEO of a large company negotiating the services of a new provider or you are a mother providing childcare services to a neighbour. An offer can take the form of verbal communication by phone, a written quote, a quote or even an email communication. All of this can potentially contain wording that constitutes a valid offer. Courts will also look beyond the wording itself to look at the context of an offer.
In other words, if your friend says they would “give away their firstborn” to get your rare book collection, don`t expect to add another turtle sticker to the turtle family in the back of your car. No court will cling to these words. The guiding principle here is whether a reasonable person listening to what you have heard would interpret this as a genuine offer. (This does not mean that an offer must be reasonable in the sense of wise.. more on that shortly). Compensation is the most common remedy for breach of contract and covers different types. Compensation returns the injured party to the situation it was in prior to the breach. Punitive damages – to punish the defendant – are generally not recoverable in a breach action unless there is evidence that the infringer engaged in particularly malicious conduct. Penalties may be refunded if the contract so provides. The world of treaties can be full of contradictions. In order to reach agreements that people can rely on, our courts have created many rules and concepts that govern contracts. While in reality these rules contribute to the confidence a business owner can have in a well-constructed contract, there are many pitfalls that ignorant people fall into if they are not careful.
The “acceptance” of an offer can, of course, be done by signing on a dotted line or by verbal approval of an offer, but even actions without words can manifest acceptance. Your actions in a transaction may be construed as acceptance, even if you feel that you have not consolidated your participation in a contract with express consent. Legal counsel can be particularly helpful in deciphering the impact your or someone else`s actions may have had on a legally binding agreement. By definition, a contract is a legal obligation for any party involved to comply with the terms of the contract. It provides a structure for many business transactions and is generally beneficial for all parties involved. 3. Consideration With few exceptions, contracts generally require the binding nature of the counterparty. This essentially means that each party gives something of value. The courts consider two things that a party must be able to emphasize when determining consideration. Before discussing how a breach of contract might occur, it`s important to define what a contract is in Arizona. A contract is an agreement between two (or more) parties on mutually agreed terms. A contract must contain these three parts.1.
Offer An offer may be made in writing or orally in accordance with Arizona law. This statement represents something to sell, barter, rent, exchange, etc. Employment contracts most often cover the duration and terms of payment.2. Acceptance may be a signature, or it may be an oral acceptance if permitted by Arizona law, or it may be made by execution.3. ConsiderationConsideration is what is exchanged between the parties to the agreement and is an essential part of any contract. As part of an employment contract, it generally includes the employer`s promise to pay the employee and the employee`s promise to perform the professional duties of the position. Reduced to the bone, there are really only three elements for a binding contract. A contract consists of an offer, acceptance and “consideration” from each party. The problem with the reduction of contract law is the possibility that the reader will simply interpret what he thinks is an offer, what constitutes acceptance and what the consideration means. The truth is that each of these elements can arise in an almost infinite number of different ways that raise questions about when they are filled. At the risk of discouraging the enthusiastic businessman, a few words of caution are in order. First, the courts in each jurisdiction decide when each element is met, and each court may interpret these requirements at least slightly differently.
Second, previous court decisions on a particular issue do not always guarantee that a court will decide that the facts of a particular case are the same as those of the past, and the reader may be surprised by an outcome that appears to be a change in decisions. Do I need a lawyer? Since you`re not sure what kind of help you need, let AzCourtHelp guide you. You may not need a lawyer after all. For more information, see — AzCourtHelp.org. Contract disputes are an integral part of Harper Law`s practice. Thanks to our experience in handling contractual disputes, we are also particularly well placed to advise our clients on the drafting and negotiation of contracts. Attention to detail at the time of conclusion of the contract may be crucial for the subsequent enforceability of the contract. Most Arizonans engage in an oral offer, where the interviewer offers them a job, followed by their oral acceptance.
This verbal offer from an employer and the employee`s subsequent acceptance of the position is considered a legally valid oral contract that allows an employee and an employer to work together. An oral contract consists of an offer and acceptance of goods or services by at least two natural persons or parties. To prove a breach of contract, you must prove at least four things: For a written contract to be considered “legally binding” in the state of Arizona, the contract must fall into one of the following categories: Most Arizona employees in private organizations are “at will” employees. This means that the employee can resign at any time and the employer can fire the employee at any time. Employees at will may have a contract that sets out certain conditions of their work, but maintains the status of the employee at will. Some jobs define the job description, duration of employment and related terms in a contract that governs the employee-employer relationship in a formal employment contract. Employment contracts usually describe conditions of employment, employment obligations, grounds for dismissal, health insurance provisions, sick leave and public holidays and other specific conditions of employment. To be legally binding, an employment contract must be in writing and signed by both the employer and the employee (according to A.R.S.