Contracts are simply promises that
are generally enforceable by law. The law provides remedies
if a contractual promise is breached and recognizes the performance
of a promise as a duty. Contracts arise when there is an exchange
of promises suported by a bargained-for exchange, or consideration.
Certain promises, in limited factual circumstances, may nonetheless
be enforceable by a court although they lack such mutuality.
are most commonly governed by state law, not federal law, and, if
they are to be litigated, are therefore generally litigated in state
courts. Under certain circumstances, particularly in interstate
commerce, contracts can be governed by federal law. Further,
modern commerce is increasingly international in nature, often requiring
litigants to be aware of rules and regulations promulgated by one
or more foreign countries.
A well-crafted agreement is therefore
often at the heart of a successful business enterprise. Commercial
contracts can anticipate a variety of issues, and so they can avoid
a myriad of potential conflicts. There is wide-ranging "freedom
of contract" in American courts, allowing contracting parties
to elect the governing law of their preferred jurisdiction, to choose
in advance the forum for the resolution of any disputes, to select
the form and time of termination of the agreement, and many other
Marin Law Partners, LLP can assist
you or your company in negotiating and drafting a winning agreement
to suit your objectives. The partners have more than twenty
years of collective business experience, as well as the legal knowledge
which forms the basis for sound and prudent advice. Contact
us to find out more!
Law Partners, LLP
21 Tamal Vista Bld. Suite 204
Corte Madera, CA 94925
575 Jefferson Street
Napa, CA 94559
135 Keller Street, Suite C
Petaluma, CA 94952
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