Edmonton Commercial Contract Law

Frequently Asked Questions

What makes a contract legally binding?

Essential elements:

• Offer and acceptance – Clear agreement
• Consideration – Exchange of value
• Legal capacity – Authority to contract
• Legal purpose – Valid objective
• Mutual consent – Understanding terms
• Proper form – Required format

What is a breach of contract?

Breach occurs when:

• Terms not followed – Violation of agreement
• Performance failure – Not meeting standards
• Late delivery – Missed deadlines
• Non-payment – Payment issues
• Quality problems – Substandard work
• Early termination – Unauthorized ending

How do I enforce a contract?

Enforcement options:

• Negotiation – Direct discussion
• Mediation – Third party help
• Arbitration – Binding decision
• Court action – Legal proceedings
• Specific performance – Court order
• Damages – Financial compensation

What is a force majeure clause?

Force majeure:

• Unforeseen events – Unexpected circumstances
• Excuses performance – Delays allowed
• Natural disasters – Weather events
• Government actions – Regulatory changes
• Labor disputes – Strike situations
• Other events – Specified occurrences

What is a termination clause?

Termination rights:

• End of agreement – Contract conclusion
• Notice period – Required time
• Grounds for termination – Valid reasons
• Consequences – Results of ending
• Survival clauses – Continuing terms
• Exit procedures – Ending process

How do I negotiate a contract?

Negotiation steps:

• Prepare thoroughly – Research terms
• Identify priorities – Important points
• Consider alternatives – Other options
• Document discussions – Meeting notes
• Review carefully – Check details
• Get legal advice – Professional help

What is a non-compete clause?

Non-compete terms:

• Competition restrictions – Business limits
• Geographic area – Location boundaries
• Time period – Duration of restriction
• Scope of business – Industry limits
• Reasonable terms – Fair conditions
• Enforceability – Legal validity

What is a confidentiality clause?

Confidentiality terms:

• Information protection – Secret details
• Trade secrets – Business information
• Customer data – Client information
• Duration – Time period
• Exceptions – Permitted disclosures
• Remedies – Breach consequences

How do I amend a contract?

Amendment process:

• Written agreement – Document changes
• Both parties consent – Mutual approval
• Clear language – Specific terms
• Proper execution – Correct signing
• Consideration – Exchange of value
• Legal review – Professional advice

What is a liquidated damages clause?

Liquidated damages:

• Pre-set amounts – Agreed compensation
• Breach consequences – Violation costs
• Reasonable amounts – Fair calculation
• Enforceability – Legal validity
• Alternative to court – Simplified process
• Clear calculation – Specific formula

What is a warranty clause?

Warranty terms:

• Product guarantees – Quality assurance
• Service standards – Performance levels
• Time period – Duration of warranty
• Coverage details – What’s included
• Exclusions – What’s not covered
• Remedies – Fix options

What is an indemnity clause?

Indemnity terms:

• Protection from loss – Financial security
• Third party claims – Outside lawsuits
• Legal costs – Defense expenses
• Damage amounts – Compensation
• Scope of coverage – Protection limits
• Exceptions – Uncovered situations

How do I resolve contract disputes?

Dispute resolution:

• Negotiation – Direct discussion
• Mediation – Third party help
• Arbitration – Binding decision
• Litigation – Court process
• Alternative methods – Creative solutions
• Legal advice – Professional guidance

What is a boilerplate clause?

Boilerplate terms:

• Standard provisions – Common clauses
• General conditions – Basic terms
• Legal requirements – Required language
• Interpretation rules – Meaning guidelines
• Governing law – Legal jurisdiction
• Entire agreement – Complete terms

How do I find a good contract lawyer?

Finding a lawyer:

• Check experience – Look for contract law specialization
• Review credentials – Professional qualifications
• Consider reputation – Standing in legal community
• Check references – From other clients
• Interview multiple – Meet with several lawyers
• Get referrals – Ask for recommendations