Contract Review Lawyers Newark, OH
Businesses run on contracts. The language within a contract is essential but still, many people sign them without even fully reading them. Even when a person thoroughly reads their contract, it does not necessarily mean that they will understand the terms outlined within it. While everyone should understand the terms of any contract they sign, this is of particular importance for employees.
A contract will typically outline the rights employees have and when they do not read it or understand it, they could sign away their rights. For this reason, any employee asked to sign a contract should speak to a contract review lawyer in Newark, OH that can fully explain the terms of the agreement.
What Must Contracts Contain in Ohio?
Contracts are not enforceable just because they are in writing and signed by both parties, contrary to what many people think. When there is a dispute involving a contract and that dispute goes to court, many factors are taken into consideration to determine if the agreement is enforceable. These factors are as follows:
- Certain obligations: Contracts are created so that each party that enters into it will understand their legal obligations. If these obligations are not clearly specified, the court may deem the contract unenforceable.
- Clear value: When two people enter into a contract, they are both giving up something of value. In an employment contract, the employer will give up some of their profits to pay an employee wages, while the worker will give up some of their time to work for the employer. Just like the obligations of each party must be clear, so too, must the exchange of value.
- Agreement: There are several reasons contracts are dated. One of these is to ensure each party agreed to the contract at the same date and time.
- Mental capacity: Contracts can only be signed by people that are no longer considered minors and that have the mental capacity to enter into a legal agreement.
Although some contracts must be in writing to be considered enforceable under the Statute of Frauds, this is not the case for all agreements. Oral contracts are often considered enforceable, even when the contract was implied.
What Happens if an Employee is Accused of Breach of Contract?
Things do not always go the way employers would like, even when there is a contract in place. In these instances, the employer may tell the employee they are in breach of contract. It is important employees defend against these claims using any of the following defenses:
- There were errors in the contract
- The contract was unconscionably unfair
- One party signed the contract under duress
- Provisions in the contract were impossible to meet
- The contract contained misrepresentation or fraud
A contract review lawyer in Newark, OH can determine which defense is most applicable after reviewing the agreement.
Our Ohio Contract Review Lawyers Will Protect Your Rights
Whether you have just been presented with a contract, or you are being accused of breaching it, our Newark, OH contract review lawyers at Marshall & Forman, LLC, are here to help. Call us today or fill out our online form to schedule a consultation with one of our seasoned attorneys.