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I want to enter a contract. Are there certain elements it must have?
In order for a contract to be enforceable, it must contain certain elements. Generally, each side to the contract must agree to do something, such as a service or make a payment. Further, there must be a value, called consideration, to each side’s performance of the contract. If someone enters into a contract to do something they are already obligated to do, then they are not giving anything of benefit and therefore there is no contract.
I entered a contract verbally. Is it enforceable?
Yes, with certain exceptions. Unless a verbal contract is witnessed by someone other than the parties making the contract, it is often difficult to prove the existence of the contract in a lawsuit in court because it is one person’s word against the other. Generally, you will be better protected if you put your contract in writing.
Additionally, the following types of agreements, in order to be enforceable, must be either be in writing or be able to be performed within 1 year:
A special promise to pay for the debt of another person;
An agreement made on consideration of marriage;
A contract for the sale of lands;
A guaranty, warranty or assurance of any health care provider as to trhe results of a medical, surgical or diagnostic procedure performed by a licensed healthcare provider;
No person is liable to pay for any newspaper or periodical unless the person subscribes or orders same in writing.
I have an employment contract and there is a Non-Compete Agreement in it. Can I break the Non-Compete Agreement without getting in trouble?
Generally, you cannot. Non-Compete Agreements are contracts just like any other contract. The exception is that there is a statute in Florida that places limits on the length and geographic coverage of Non-Compete Agreements.
If the Non-Compete Agreement violates the Florida law, you may be entitled to either break or have the Agreement modified. You should contact an attorney for further information regarding Non-Compete Agreements.
I have a written contract, and the other party did not hold up the bargain. What can I do?
You can write a letter to the other party requesting that he/she honor the contract. If that fails, you can file a lawsuit to enforce the contract. Please see the “Civil Litigation” section as to how to file a lawsuit.
My employer wants me to sign a contract.
Can someone review it for me?
Yes. Further, it is a very good idea to have
an employment contract, or any contract, reviewed by an attorney prior to you signing
the agreement.
