Goods and Services Contracts
Attorney Chris Olsen can help you navigate the complicated laws surrounding goods and services contracts in San Diego, CA, so you can hold defaulting parties responsible. These contracts typically involve a buyer and a seller, and the applicable laws can vary greatly from state to state. This makes working with an attorney crucial when facing a contract dispute. If you need assistance reviewing a contract, or if you are involved in a dispute, contact our law firm for guidance.
Contracts for Goods
A contract for sale of goods is an agreement between two or more parties. These parties are typically the buyer and the seller. This type of contract usually includes terms regarding quantity and prices of goods, delivery of goods, and payment for goods. Most contracts also include terms for default, or failure to deliver or pay for goods, which can include unforeseeable circumstances, or “acts of God."
These contracts typically involve a buyer and a seller, and the laws regarding such contracts can vary greatly from state to state.
The laws surrounding contracts for goods are generally decided at the state level. However the Uniform Commercial Code (UCC) was created to provide more uniformity in state laws regarding commercial transactions. Article 2 of the UCC specifically deals with the sale of goods. This article provides rules for the formation and modification of a contract, obligations and performance, breaches of contract, and remediation for breaches.
Services Contracts
Services contracts contain similar terms as contracts for goods. There is typically a buyer and a provider of services. Payment and delivery terms are defined, along with the scope of the provider’s obligations. These contracts also include items regarding failure to deliver or pay for services.
However, there are no set rules pertaining to how they are drafted and implemented. Instead, these contracts are governed by what is called “common law” or “case law”. This means that when a case relating to services contracts is brought to court and the judge makes a decision, that sets precedence for all future cases. When a similar case is brought to court, the judge will look to past cases when making his or her decision. This results in much greater variances in the contract laws between states.
Violations of Contracts
The most common violations in both types of contracts are a failure to deliver a product or service in full, or a failure to make full payment. In contracts for goods, the seller may deliver the wrong product or only partially fulfill the order. There are provisions in Article 2 regarding delivery of goods and the seller’s responsibility. For example, if the product is damaged in transit by a commercial carrier, the seller is not liable for the damages.
Failure to pay is another common violation. The buyer cannot simply change his or her mind, make a partial payment, or make no payment. If the buyer is dissatisfied, he or she must work with the seller or service provider to resolve any issues. When the two parties are incapable of resolving these issues on their own, they can contact a contract lawyer for assistance.
How Chris Olsen Can Help
Attorney Chris Olsen has handled many cases involving business law and contracts, and is thoroughly familiar with applicable California laws. If you are involved in a contract dispute, he can review the contract and the relevant laws to help you take legal action, if necessary. Contact Olsen Law Offices to schedule your free case evaluation.
