Expertise
Contract Law
Contract law governs the formation and interpretation of agreements that set out the parties’ rights and obligations, and the remedies for their breach. A well-drafted contract is the most effective safeguard against future disputes; legal review before signing costs far less than the effort and expense once a dispute arises. Our firm supports individual and corporate clients from drafting through to dispute resolution.
Drafting and Reviewing Contracts
A contract should clearly and unambiguously regulate the parties’ obligations, payment and delivery terms, deadlines, confidentiality, penalty clauses, limitation of liability, force majeure, termination and dispute resolution. Vague or incomplete clauses can lead to serious disputes and loss of rights.
Pre-signing legal review (due diligence) makes the risks visible in advance. Reviewing and negotiating contracts presented by the other side ensures a balanced text that protects the client’s interests.
Main Types of Contract
The main contracts we help draft and review:
- Sale, supply and distribution/dealership agreements
- Service and works (contractor/sub-contractor) agreements
- Lease and real-estate sale-undertaking agreements
- Agency, advisory and commission agreements
- Confidentiality (NDA) and non-competition agreements
- Partnership, shareholders’ and joint-venture agreements
- Franchise, licence and intellectual-property agreements
Breach and Performance Problems
Where a contractual obligation is not performed at all or improperly, is performed late (default), or is defective or incomplete, the creditor’s rights arise. Specific performance, delay compensation, defect-related claims or rescission may come into play.
In a dispute, the contract terms, notices, payment and delivery documents, commercial correspondence and the parties’ conduct are assessed together; depending on the claim, mediation and enforcement may also arise.
Termination, Rescission and Penalty Clauses
Ending a contract may take the form of termination for just cause, rescission, or, in continuing obligations, termination with future effect. The conditions, procedure and consequences of termination must be assessed for each contract.
A penalty clause is a sanction agreed in advance for breach; while generally valid, excessive penalties may be reduced by the court. Different standards of review apply between merchants and in consumer relationships.
Adaptation and Unforeseen Circumstances
Where unforeseeable extraordinary circumstances arising after formation severely disturb the balance of performance, adaptation of the contract to the new conditions may be sought where the conditions are met. The effect of economic changes, force majeure and unforeseen events is assessed here.
Our Contract Law Services
Our main services for individual and corporate clients:
- Drafting, reviewing and negotiating contracts
- Pre-signing legal review and risk analysis
- Breach, default and defective-performance disputes
- Termination, rescission and penalty-clause disputes
- Contract adaptation and force-majeure assessment
- Preparation of notices and collection of receivables
- Advisory on commercial and international contracts
- Mediation, litigation and enforcement proceedings
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Contract Law
Yes. Pre-signing legal review lets you see risks in advance and negotiate unbalanced clauses. Changing terms after the contract is formed is usually much harder.
A penalty clause is generally valid; however, if excessive, the court may be asked to reduce it. Different standards of review apply between merchants and in consumer relationships.
Unless the law requires a specific form, oral contracts are also valid. However, a written contract matters greatly for proof; some contracts, such as real-estate sales, must be made in official form.
Do you need legal support in this area?
We can schedule a preliminary consultation to assess your situation.
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