Contract Law

Because McMullan & Brown is seasoned in contract litigation it can give excellent advise on contract clause formation. While most businesses and individuals believe that what a contract says is how it will be treated in court, that is not always the case. Many clauses in contracts have been held unenforceable for various reasons. For example, your contract may contain a liquidated damage clause or arbitration provision. If the language has not been properly written to comply with Arkansas law these may not be enforced. Also, most individuals and businesses are unaware of the rules of evidence which has a direct impact on the interpretation of the contract and the performance of the parties. Whether your issue is having a contract prepared so that you can be fully informed of the law and risks or whether you have been confronted with a breach of contract issue, you can receive advise from McMullan & Brown.

Specific issues that frequently arise in contract law include:
– whether the contract has been breached
– whether the contract contains all of the agreements between the parties
– whether that has been fraud in the formation of the contract
– whether a provision of the contract will be strictly enforced
– whether a provision of the contract will not be enforced
– whether the parties to the contract had the legal authority to be bound
– amount of damages
– ability to recover attorneys fees

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