A contract is a legally enforceable agreement between two parties.  Each party within a contract promises to perform a certain duty or service, or pay a certain amount of money to someone.  If one party member or group fails to act as promised, and the other party has fulfilled their own duties under the contract, the wronged party is then entitled to legal aide for a breach of contract.  A breach of contract is a failure to fulfill the services or monies promised within the contract terms.  A contract can be breached in the following ways:

  • One party does not perform a duty or service as they promised
  • One party breaches a “fundamental term” of the contract
  • One party does something that makes it impossible for the other party to perform their own services under the contract
  • One party makes it clear that they do not intend to perform the contract services, thereby permitting the other party to engage in an anticipatory breach

Both written and oral contracts are legally enforceable.  It is best practice to write down the terms of any contract agreement, in case some dispute between the parties should arise, after agreeing to a contract.  If the contract is an oral agreement, the parties of the contract might later remember different details about the contract terms, or forget certain terms altogether, which will make it more difficult to prove the validity of the contract.

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