Contracts are a Necessity – Our San Diego Contract Law Attorneys Can Reduce Your Risks
There are a host of guidelines and principles your business attorney or contract lawyer must consider in the process of contract drafting, review and enforcement. It is an area of law which is universal in that every business and most individuals will engage in transactions which are governed by contract law, most on a daily basis. But which ones can you trust to protect your interests above all else AND at reasonable rates? Believe us when we say, we’ve been in the same boat with other services for our business (we specialize in the practice of law, after all, and have to rely on others to provide products and services we need that we know little to nothing about).
The best measure we have found in determining whether a company does what it says is client or customer reviews: Click here to see what our clients are saying about us. We take pride in treating each client’s legal issue as we would our own-with integrity, diligence and genuine concern. We don’t just talk the talk, we walk the walk and sincerely value our clients.
San Diego Contract Law Attorneys Who Can Help
Gehres Law Group, P.C. employs some of the best contract attorneys in San Diego. In addition to negotiating and drafting contracts, we regularly advise clients on contractual issues on an ‘as needed’ basis. The Gehres Law “On Demand” legal service provides peace of mind to clients, with most queries receiving responses in less than two hours.
Below is a sample of the types of agreements our San Diego business attorneys are experienced at negotiating, drafting, reviewing, and enforcing:
General Business Contracts
- Indemnity Agreement
- Operating Agreement
- Covenant Not to Sue
- Settlement Agreement
- License Agreement
- Service Agreement
- Purchase Agreement
- Assignment of Contract
- Franchise Agreement
- Royalty Agreement
- Loan Agreement
- Promissory Note
- Stock Purchase Agreement
- Partnership Agreement
- Joint Venture Agreement
- Guarantee Agreement
- Security Agreement
- Employment Agreement
- Partner Non-compete Agreement
- Independent Contractor Agreement
- Stock Option Agreement
- Consulting Agreement
- Distributor Agreement
- Sales Commission Agreement
- Confidentiality Agreement
- Nondisclosure Agreement
- Employment Separation Agreement
- Sales Agreements for Goods or Services
- Warranty Agreements
- Limited Warranty
- Security Agreement
- Licensing Agreement
- Royalty Agreement
- Commercial Lease
- Equipment Lease
As a service to our visitors we have provided a sample services contract that you can use to better understand what goes into a general service contract or agreement.
Disclaimer: The material on this website, including sample contracts and other documents, is for informational purposes only. This information is not legal advice. While we use our best efforts to make sure the materials on our website are accurate and up-to-date, we cannot make any guarantees. The law changes often, the information may not be correct on the date you read it, and it may not apply to your particular legal problem. Each legal problem depends on its own facts, and the law is different in each state and country. Because of this, you should not rely on any information in this website without first obtaining advice from a licensed attorney in good standing with your state’s bar association or other licensing authority.
Do not rely on the sample information without consulting with a licensed attorney.
Our San Diego Contract Law Attorneys Provide the Expertise You Need
Contract law is a highly regulated component of our legal system, with volumes of statutes and court opinions governing the outcome of any given situation. However, there are some basic contract principles, which small business owners should be familiar with in operating their company.
Among the most important principles include laws which provide that contracts may be either express (written or oral) or implied by law, that is to say that state law will determine the legitimacy of a contract, based on the conduct of the parties.*
How Do I Enforce a Contract?
In addition, to enforce a contract, or seek damages based on a breach of contract theory of law, a small business owner must prove the following elements to a trier of fact:
1) There was a valid contract in place. This element requires that the business owner produce evidence that there was an offer, an acceptance of that offer, and consideration given by both parties. Consideration requires that each party must have given up something of value;
2) The business owner performed their obligations set out in the contract, or was excused from performing their obligations by the opposing party’s malfeasance;
3) The opposing party refused or failed to perform at least one material term of the contract;
4) The opposing party’s failure to perform was the proximate and actual cause of the injury to the business owner.**
What Types of Contracts Are Invalid in California?
While many oral contracts are enforceable, California law does require that certain agreements be in writing before a court may enforce them. Pursuant to the California Civil Code §1624(a), the following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party’s agent:
(1) An agreement that, by its terms, is not to be performed within a year from the making thereof.
(2) A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794.
(3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.
(4) An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate, or to lease real estate for a longer period than one year, or to procure, introduce, or find a purchaser or seller of real estate or a lessee or lessor of
real estate where the lease is for a longer period than one year, for compensation or a commission.
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor.
(6) An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage or deed of trust upon the property purchased, unless assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property.
(7) A contract, promise, undertaking, or commitment to loan money or to grant or extend credit, in an amount greater than one hundred thousand dollars ($100,000), not primarily for personal, family, or household purposes, made by a person engaged in the business of
lending or arranging for the lending of money or extending credit.***
Therefore, if a small business owner intends to enforce an agreement, which cannot be performed in less than one year, or enters an agreement for the lease of real property of more than one year, or for the purchase of real estate or an interest in real estate, an oral agreement is not sufficient. In these instances, it is strongly recommended that you seek the help of an experienced contract attorney.
These are a few of the basic principles governing the drafting and review of contracts in California. See our blog for more information about contract law, including the implied duty of good faith and fair dealing.
Contact Our Experienced San Diego Contract Law Attorneys Today
The contract attorneys at Gehres Law Group, P.C. hope this information has been helpful and informative. If you have questions about the content of this website, if you would like to obtain additional information, or if you would like a free evaluation, contact us today or visit our business contract law blog here.
* See Calif. Civil Code §§1619-1621
*** See Calif. Civil Code §§1619-1633
Below are some of our recent contract related blog articles, written by our business and contract law attorneys:
Liquidated Damages Clauses for Business Contracts