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A commercial contract is a legal agreement between two parties or more, which compels them to do (or not do) certain things in relation to a commercial activity.
‘Commercial contract’ is an umbrella term that can refer to many kinds of contracts used in business, including the sale of goods and services, guarantees, hire agreements, loans, consultancy agreements, shareholder agreements, partnership agreements and leases..
Legal advice should be taken when agreeing a contract and in the event that one is breached. A breach of a commercial contract happens when one or more parties do not fulfil their contractual obligations. Helix Law can advise and represent clients in both of these areas.
There are several types of contracts that are used day-to-day within business, including:
- Non-disclosure agreements – also known as NDAs or confidentiality agreements. It is recommended that you speak to a legal advisor while drafting an NDA to avoid making mistakes that could render it invalid.
- Services agreements – whereby a supplier and a customer agree to the terms of a company providing a service for the customer.
- Subcontracting agreements – if a main contractor needs help fulfilling a job, they can enlist subcontractors. First, both parties must agree to the tasks delegated to the subcontractor, how much time they have to fulfil them, and how much they will be paid. There should also be clauses detailing what should happen if there are changes made to any of these factors or the work done is defective.
As with any contract, these should be put into writing to provide proper legal protection and ensure all parties understand and agree to their obligations. To remove any possible ambiguity in your contract’s terms, consult with Helix Law’s expert contract lawyers.
Employment contracts are offered by an employer to an employee stating the terms of their employment relationship. It usually details things like pay, working hours and holiday allowance. Most employees are legally entitled to a contract of employment, which should be issued within two months of the commencement of their employment. An ‘employment contract’ is in effect started when the employee begins work, whether they have signed a written contract or not.
Freelance contracts are issued by a freelancer to their client. A freelance contract should lay out the work that the freelancer is to fulfil for the client, when the work will be completed, how much the freelancer should receive in payment, and when they should be paid. Having a contract helps to ensure that the freelancer gets paid the full amount for their work and sets a deadline for payment.
Employers or freelancers looking for help with constructing contracts or who are facing issues with clients or employees can contact Helix Law.
Breaches of Contract
When a contract is breached, the aggrieved party has the right to take legal action against the breaching party. They might pursue an award of damages, specific performance or cancellation of the contract.
A few ways that contracts can be breached include:
- A party failing to perform their contractual obligation within the agreed timeframe
- A party failing to perform their obligation at all
- An obligation being performed in a way that was not agreed in the contract
If you believe a party has breached the terms of a contractual agreement they made with you, you may sue them for relief. The relief you receive will depend upon many factors that will be decided by the court, tribunal, arbitrator or mediator.
Speak to Helix Law’s solicitors today if you are concerned that a contractual agreement you have made has not been upheld by another party. We can help to resolve the situation and avoid litigation or guide you through any mediation or legal proceedings and help you gain appropriate relief.
Helix Law’s experienced contract lawyers can help you understand how an effective contract is formed. We can also help you create a contract that properly addresses your intentions and requirements, and to draft terms and conditions that minimise any contract risk to you, your clients or your employees.
We can advise you on your best course of action in the event of a breached contract. We advise and represent clients faced with contractual issues concerning business, property, employment and construction, and can help you achieve the best possible resolution.
Contact us today to schedule an appointment.