Georgia Contract Attorney - Professional Employment Contracts and Agreements
If you are an executive or other professional employee who has been offered an individual contract of employment, I can help you. I am a Savannah Georgia contract attorney and I represent individuals in the negotiation of professional contracts, compensation, non-compete provisions, and severance packages. Additionally, I represent anyone who needs an attorney to review any kind of written contract or agreement.
The essential elements of any contract or agreement must be stated with definiteness and certainty. Elements most often cited by the courts as being essential to a professional employment contract include (1) the term of employment; (2) the nature and extent of the duties to be performed by the employee; (3) the place where the employment is to be performed; and (4) the compensation to be paid by the employer. Although professional contracts may be enforceable if they contain only those provisions considered to be essential, most professional contracts are much more detailed. It takes an experienced attorney to be able to ensure that the basic provisions that should be included in professional contracts are included. Additionally, it is important that more detailed provisions covering specific items be included to eliminate ambiguity.
If you are an executive or other professional employee who has already signed an employment agreement and want to know what your rights are in the event you breach the agreement you have already signed, then I can help you. I represent professionals in internal grievances, arbitration, actions for breach of contract involving claims of breach of non-compete agreements, disclosure of confidential information, tortious-interference with business relations, and various other issues related to employment agreements.
If you have been charged with misconduct at your job, I can help you in responding to internal investigations at work. I defend professionals whose license or certification is under investigation or challenge by an administrative agency or credentialing body.
If you have been presented with any kind of contract or agreement and want a professional to review the document and advise you on your legal rights, I can help you. I can make suggested revisions to the contract or agreement and provide you with proposed additional paragraphs or sections for you to use in negotiating a fair and equitable bargain.
If you have been accused of breach of contract in a lawsuit or are involved in a contract dispute with the other parties to the contract or agreement, I can help you. I represent individuals in breach of contract actions and contract disputes.
Please do not hesitate to contact me to discuss how I can help you.
I am a Savannah Georgia contract attorney and I can help you create a contract. A contract is generally defined as an agreement between two or more competent parties to do or to forbear from doing some particular thing. The agreement must be made between parties having the legal capacity to enter into a contract. It must concern a definite and lawful subject matter and must be supported by consideration. The elements of a contract must be met and examined by a Savannah Georgia contract attorney. To be bound by the terms of an agreement, a party must have the legal capacity to incur contractual duties. Capacity to contract may depend on the nature of the transaction or the circumstances and may be partial. Generally, a natural person who has the ability to manifest assent to a transaction has full legal capacity to contract unless that person is a minor, under guardianship, mentally ill, or intoxicated. To constitute a valid contract there must be mutuality of agreement. Both parties must understand and agree to all essential terms so that there is the requisite meeting of the minds. A meeting of the minds is usually evidenced by an offer and acceptance of the terms of the offer.
Types of Contracts.
A contract may be either express or implied. An express contract is one in which the intention of the parties and the terms of the contract are expressly stated. A contract implied in fact is one the existence and terms of which are manifested by the conduct of the parties. Both an express contract and a contract implied in fact are valid and binding; the distinction between them is that the express contract arises from the words of the parties, and the implied contract arises from the conduct or acts of the parties manifesting a mutual intention to form a contract.
A contract implied in fact is different from a contract implied in law, a quasi-contract. A contract implied in law is a fictional contract imposed on a person even though that person made no expressed or implied promises.
Contracts can be classified as either bilateral or unilateral. A bilateral contract consists of an exchange of promises, while a unilateral contract consists of a promise in exchange for performance. That is, in a unilateral contract, acceptance is manifested by performance of the stated terms or conditions of the offer rather than by a return promise to perform. The labeling of a contract as bilateral or unilateral is unimportant, but the attorney who is drafting an agreement should recognize and make clear in the instrument whether promises are being exchanged or whether one party intends to be bound only by the performance of an act by the other party.
Elements of a Contract
The contracting process begins with an offer. An offer is a proposal from one bargaining party to another that sets forth the terms to which the offeror assents and that the offeror invites the offeree to accept as the contract terms. The terms of the offer must be sufficiently definite so that the promises and performances of the parties are reasonably certain. The offeror may specify a time period during which the offer will remain open and may prescribe the mode of communication by which acceptance must be transmitted. An offer unsupported by consideration is subject to revocation at any time . An agreement to keep an offer open for a specified time takes the form of an option. An option is an agreement supported by consideration that gives the offeree the contractual right to accept a specified offer within a given time, during which period the offer is irrevocable. An option is collateral to the main offer. The main offer does not become a contract until its terms are accepted, while the option is already a binding, complete contract to leave the offer open.
To form a binding contract, the offeree must accept the offer. The offeree's acceptance must be absolute and unconditional as to all essential terms set forth in the offer. A purported acceptance that changes or qualifies the terms of the offer may operate as a counteroffer; however, it is not an acceptance of the original terms.
The acceptance must be made during the time period for acceptance specified in the offer. If a time period is specified and the offer is not accepted during the time specified, the offer lapses. If no time is specified, then acceptance must take place within a reasonable time.
The acceptance must be on the terms for acceptance specified in the offer. For contracts under the Uniform Commercial Code, if the mode of acceptance is not indicated, the offer is construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
For an agreement to be enforceable, it must be supported by consideration. Consideration is the bargained-for exchange of either a benefit to the promisor or a detriment to the promisee. Mutual promises or obligations constitute sufficient consideration to create a binding contract. In general, courts do not inquire into the adequacy of the consideration unless the consideration is so grossly inadequate as to be unconscionable.
Requirement of a Writing
Statute of Frauds. The statute of frauds requires that, to be enforceable, certain types of agreements must be in writing and signed by the person to be charged or that person's authorized representative. When it is questionable whether a contract is subject to the statute of frauds and must be in writing it is important that you talk to an experienced Savannah Georgia contract attorney.
Third Party Beneficiaries
When parties contract to benefit a third party, that party is designated a third-party beneficiary. The right of a third-party beneficiary to enforce the terms of the contract depends on what type of third-party beneficiary he or she is. In general, there are three types of third-party beneficiaries: (1) donee beneficiaries; (2) creditor beneficiaries; and (3) incidental beneficiaries. An incidental beneficiary is a person who will benefit by performance of the contract but whom the contracting parties did not intend to be a beneficiary. An incidental beneficiary has no right of enforcement of the terms of the contract. A donee beneficiary is one whose benefit under the contract is conferred by way of a gift from the promisee. Such a beneficiary may enforce the contract, as it relates to him or her, against the promisor. The promise of a gift also creates a duty on the part of the promisor to the promisee to render the promised performance to the donee beneficiary. A creditor beneficiary is one who has a benefit conferred on him or her not as a gift but as a discharge of an obligation due him or her from the promisee. That is, the promisor, in rendering performance, discharges the obligation. Because the promisor owes a duty of performance to both parties, they both have a right of action in damages or to compel performance of the contract.
Whether you have an enforceable contract is a determination that is best made by speaking with an experienced Savannah Georgia contract attorney.