San-Diego-Business-Lawyer.com features rare California contract law expertise. To determine if you need the assistance of a licensed San Diego Business Lawyer, Call to discuss your needs at 619.235.4060 at no-obligation.

Contracts are promises enforceable by law. There are a few elements required to have a binding contract.

• Competent Parties is one of these requirements. This states that for the contract to be valid, both sides must have the capacity to enter into it. While most people and companies are legally competent to enter into a contract, a drugged or mentally-impaired person has impaired capacity and will probably not be held to the contract. Minors cannot usually enter into a binding contract without parental consent unless it is for the necessities of life, such as food, clothing, or for student loan contracts.
• Consideration is another thing to go into the elements of a binding contract. In order for the other side to be held to the contract, you must give u something in exchange. This is called consideration. No side is allowed to have a free way out or the ability to obtain something of value without providing something in exchange. Considerations usually take the form of money, but can also consist of property, giving up a right or valid claim, making a promise to do or not do something, or anything else of value.
• The Agreement must be legal, agreements of illegal or illicit acts are not qualified as considerations and void the contract.
• Mutual Assent or Meeting of the Minds is the third key to a binding contract. This means that all sides are in understanding of the essential details, rights, and obligations of the contract. We have found that putting the deal in writing before signing can prevent future misunderstandings and disputes. Meeting of the minds may occasionally be expressed by words spoken or gestures made or can be inferred for surrounding circumstances. There is no meeting of the minds if one side is clearly joking or bragging, there is no actual agreement, or both sides have made a material mistake as to the terms or details of the contract.

When you or your San Diego Business Law attorneys ask someone to do something or see someone for a price you are making an offer, which is the first step in creating a contract. When the other party accepts you have entered into the middle step of creating a contract.

There are three different types of acceptance when dealing with a contract offer. The first one is called express and is a direct and absolute outward manifestation of agreement. “I accept your offer,” is one example of an express agreement. Implied is a second type of agreement. Implied is when the parties act in a manner that shows acceptance, such as both parties to a contract begin to perform the terms of such. Conditional acceptance is when acceptance is based on the occurrence of something else. “I accept your offer as long as you trim my tree tomorrow,” is an example of this. Conditional acceptance is often consider a counter-offer.

Contract Law Overview: what makes a contract enforceable?

Contracts: In writing or binding by oral agreement?

Breach of Contract: Defenses.

Victoria Boynton, San Diego Business Lawyer emphasizes legal expertise in San Diego for:

• Business Law
• Contract Law
• Trademark Law
• Copyright Law
• Wills and Trusts
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• Signature Legal Plan

San-Diego-Business-Lawyer.com represents clients in both commercial and residential real estate transactions. We have years of experience in sales, exchanges, negotiation, drafting, finance, loan workout, restructurings, sale-leasebacks, acquisitions, and even more of the intricacies of the real estate world that most law firms don’t even begin to understand.

San-Diego-Business-Lawyer.com represents clients in both commercial and residential real estate transactions. We have years of experience in sales, exchanges, negotiation, drafting, finance, loan workout, restructurings, sale-leasebacks, acquisitions, and even more of the intricacies of the real estate world that most law firms don’t even begin to understand.

With our range of clients, San-Diego-Business-Lawyer.com advises our clients on everything that could possibly arise in the course of their business. We offer a unique approach to a business man’s situations – that of a business man. While it may seem so obvious to you, as a business owner, we have found that many lawyers forget to take into account the business view of the situation and only look at the logistics. We have found that if you can not understand where your client is coming from than you can not help them.

It is for this reason that we have the understanding and ability to advise our clients in every aspect of business planning. We deal with choice of entity and formation of new corporations, limited liability companies and partnerships, board of directors and shareholder agreements, joint venture agreements, supply agreements, franchise arrangements, licensing and distributorship agreements, leasing transactions, general contract law matters, and many more legal matters that may arise.

We provide free consultation for business law, contract law, trademark law issues and for wills and trusts in San Diego California. Contact a San Diego Business Lawyer today.