Business Contracts

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You probably enter into business contracts every week. But do you understand contracts basics? Can you interpret boilerplate provisions? Are you sure your contract is enforceable? Learn what you need to know about business agreements so that can you avoid making common contract mistakes.

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Contracts 101

Contracts: The Basics
What goes into a legally binding agreement?
Contracts 101: Make a Legally Valid Contract
All you need is a clear agreement and mutual promises to exchange things of value.
Ten Tips for Making Solid Business Agreements and Contracts
Follow these guidelines to make an enforceable, plain-English business agreement or contract.
Contract Negotiation Basics
Negotiating the business and legal terms of a contract.
Contract Negotiation: 11 Strategies
Common negotiation tactics for negotiating business agreements.
Consideration: Every Contract Needs It
What is consideration in a contract, and what if an agreement doesn't have it?
Unenforceable Contracts: What to Watch Out For
What kinds of contracts might not hold up in court?
Amending an Existing Contract
Didn't get your contract exactly right? Amend it.
Sample Amendment to Contract
If you're modifying an existing contract, use this Sample Amendment.

Contract Terminology

What Is an Assignment of Contract?
What happens when rights and duties under a contract are handed off to a third party?
What Constitutes Acceptance of a Contract Offer?
No contract exists until an offer is accepted. So what does "acceptance" mean?
Who Lacks the Capacity to Contract?
Certain people lack the legal ability to enter into a binding contract.

Boilerplate: Standard Contract Provisions

Common Boilerplate Provisions in Contracts
A look at some of the standardized language you'll find in many contracts.
Choice of Law Provisions in Contracts
Your contract can specify the governing law that will apply to disputes involving the agreement.
Time Is of the Essence Contract Provisions
What does a "time is of the essence" contract provision mean, and will it be enforced?
Contract Disclaimers and As Is Provisions
Parties to a contract can try to assign risks and limit liability. Here's how.
Arbitration Clauses in Contracts
Should you include an arbitration clause in your contract?
Attorneys' Fees Provisions in Contracts
Parties to a contract can agree on payment of attorneys' fees and costs if a legal dispute arises.

Types of Agreements/Contracts

What Is a Bill of Sale?
A bill of sale is the contract that's used most often for a car or other goods are bought and sold.
Acquisition Agreements (for Sale of Business)
Tips on using an acquisition agreement when one business buys another.
Sample Confidentiality Agreement (NDA)
What does a typical confidentiality agreement look like? Here's a sample NDA.
Using Severance Agreements to Avoid Lawsuits
If you fear a wrongful termination claim, consider asking a terminated employee to sign a release.
Federal Small Business Contract Eligibility: Is Your Business 'Small'?
Does your small business qualify for a federal small business set-aside contract?
SBA Small Business Size Protests: How to Prepare and File
Learn how to protest your business competitor's eligibility to receive a federal government small business contract.
Restrictions on Gifts to Federal Employees From Government Contractors
If your business has a contract with the federal government, learn the rules about giving gifts to federal employees.

Contract Disputes

Breach of Contract: Material Breach
How do you know whether your contract is "irreparably broken" in the eyes of the law?
Breach of Contract: Anticipatory Breach (Repudiation)
Contracts can be broken as soon as one party indicates that it can't -- or won't -- meet its obligations.
Breach of Contract: The Notice of Breach
If your contract has fallen through, take the first step toward resolving the problem.
Defenses to a Breach of Contract Claim
If you're sued for breach of contract, raise all applicable affirmative defenses.

UCC learn more

What is the UCC?
Here's some background on this very large collection of legal rules governing many important business and commercial activities.
More articles . . .