CONTRACTS & CONTRACT LAW
Entering into an agreement is a common activity for businesses and individuals. Parties entering into an agreement MUST be totally aware as to the terms they have agreed to. A contract is defined generally as “an agreement between two or more persons which creates an obligation to do or not to do a particular thing.” Black’s Law Dictionary at 322 (6th ed., 1990).
In Michigan, the primary source of contract law is the state’s common law. However, Michigan has adopted the Uniform Commercial Code (UCC). According to Michigan case law, there are five elements of contract formation, all of which must be met in order for a contract to be enforced by the courts. The five elements are as follows: 1) the parties must be competent to contract, 2) the subject matter of the potential contract must be proper, 3) there must be legal consideration, 4) there must exist mutuality of agreement, and 5) there must exist mutuality of obligation. Thomas v. Leja, 468 N.W.2d 58 (Mich. App. 1991).
Our office provides services in the following areas of contract law:
• Contract Negotiation
• Contract Formation
• Suit for Breach of Contract
We understand that properly-executed contracts can help any business function efficiently. We promise to honestly advise our clients and negotiate contracts with their best interests and desires in mind. We prefer keeping clients out of court by properly drafting agreements, than seeing clients litigate a contract issue in the courts.
