Texas Business Attorney
Contracts Center
Frequently Asked Questions
Q: What does litigation of business disputes involve?
A: Litigation means filing a civil lawsuit to resolve a dispute. The process includes finding an attorney, filing a suit, conducting discovery, arguing pretrial motions, presenting the case at trial, and sometimes appealing the judgment. At any point throughout the litigation process, the parties may negotiate to settle the case.
Q: How can a business dispute be resolved without traditional litigation?
A: Alternative dispute resolution (ADR) is the name for various means of settling disputes, including arbitration and mediation, without undergoing traditional litigation. ADR is a popular way to resolve business disputes because it is usually less costly and quicker than traditional litigation.
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Contracts are simply agreements or promises between one or more parties. People often enter into contracts without even realizing it. Contract law is the area of the law that deals how agreements are to be enforced. Business owners need a comprehension of the basic concepts of contract law, but they should also be ready to seek the advice of a business attorney when conflicts over contracts reach the stage of legal action.
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Breach of Contracts and Lawsuits
Individuals and companies enter into contracts with the expectation that the terms of the contract will be carried out. However, due to a variety of reasons, and often beyond the parties' control, contracts often go unfulfilled. Business owners should understand what to do in case they breach a contract or in case another party breaches a contract with them.
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Defenses to Breach of Contract
A prudent businessperson always considers whether a new contract, no matter how formal or informal, will be legally enforceable. It is important for business owners to base their judgments on an understanding of the essential concepts of contract law in order to form sound, binding contracts, and in order to know what defenses are available to them to avoid contract claims.
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Negotiation and Contract Drafting Tips
Contracts are the foundation of business. Knowing how to negotiate and draft effective, unassailable contracts is paramount to successful business. Both in simple, informal agreements and in complex, formal contracts, businesses should negotiate and draft with an eye toward avoiding disputes and achieving the best possible deal.
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Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.