In its simplest sense, a contract is an agreement between two or more people where everyone agrees to do something. Doing something can of course be the act of not doing something.
Written or Oral
In our current evolutionary state of our society, the papered word is disappearing, but contracts, in and of themselves, are in use more than ever in our history. A contract can exist whether it is oral, written or in some kind of digitized forms. The validity and enforceability of contracts has a long history, which in our Jurisdiction, stems from the common law established as early as the realm of Queen Mary Tudor in the early 1500s in England. As it exists now, to have a valid contract you need a manifestation between two or more people where each party to the contract accepted the terms of the contract in exchange for something. In law, the “Exchange of Something” is called consideration. The law tries to avoid determining what enough consideration is, due to the idealogy present in Florida where the Courts and the Law permit ample opportunity to the parties to form and negotiate their own contracts without government intervention.
Nevertheless, the interpretation of terms in a contract is the most litigate aspect of adversity in our Jurisprudence. Parties, who have opposing interests tend to interpret the terms of the contract in their own best interest. Because our language is inherently imperfect and ambiguous, there are often two valid interpretations to a contract. When such is the case, the Court must understand what the intent of the parties were.
At Arcadier and Associates, our attorneys are experienced in protecting our client’s interests and can determine the issues that need to be presented to the Court in order to best serve our client’s interests. Our representation of Clients in contract issues include: