For example, if a homeowner hires an electrician to perform work on her home, but the home burns down before work can begin, the contract is frustrated and is no longer applicable. This means that the contract cannot be executed, except for specific reasons. In exchange, the employer agrees to hire that person. A non-compete clause is an example of the latter – an employee promises not to work for a competitor in the same market, although normally he or she would have a legal right to do so. For a court to find that a contract includes consideration, the contract must include a promise that is normally not a legal obligation or a promise to not do something that is a legal right. For example, a contract may specify that a homeowner is to pay an electrician $1,000, but it fails to specify that the electrician must fix the wiring in the person’s home. This means that the contract doesn’t benefit all parties. So, for example, a minor enrolled in a residential preparatory school who signs a code of conduct agreement cannot void that agreement. But they cannot void contracts related to their food, housing, or other necessities. Minors can choose to void illegal contracts at will, before the age of 18. So, people who have a cognitive impairment, such as advanced dementia, are also considered as lacking the capacity to contract.Īny contract entered into with someone who lacks capacity is illegal and unenforceable, with some exceptions. The term “capacity to contract” means an individual’s ability to fully understand the terms of an agreement and potential consequences. There’s a reason minors (children under age 18) can’t have their own credit cards: they lack the capacity to contract. If you win restitution through a breach of contract lawsuit, the breaching party has to pay to put you back to the position you were in before the breach was made. Cancel the contract so neither party has any further obligation.If another party has breached a contract, you have several options and remedies. Whether you’re in Frederick, MD, or elsewhere, our experienced Contract Dispute Attorney in Frederick, MD can provide valuable insights and assistance tailored to your specific situation. If you’re in the midst of a contract dispute, please don’t hesitate to contact us about remedies to that breach of contract at (443) 360-5545. Our team has helped many business owners and landlords create and enforce contracts, and we have represented clients accused of breaching contracts. The experienced Maryland business lawyers at Lusk Law, LLC can help by examining the facts of your situation, negotiating with the other party to see if there is a satisfactory solution, and taking your case to court if necessary. Maryland breach of contract law is complicated, and to make sure you get the outcome you deserve, you should get legal guidance when disputes arise. If your business has suffered financial damage because another party has violated the terms of a contract, a breach of contract lawyer may protect your rights and get you restitution. Contracts are agreements that spell out what each party is expected to do or not do in an agreed upon situation and to provide protection when legal issues arise. But, like many aspects of law, there’s quite a bit of “gray area,” when it comes to contracts. When any party to a contract breaks one of those promises, that’s usually considered a breach. Get help from our breach of contract attorneys, so that your legally binding promises are beneficial to all parties.
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