At Pentana Stanton Lawyers, our team of contract lawyers in Melbourne is dedicated to assisting clients with all aspects of contract law. Whether you need help drafting or reviewing a contract, or if you find yourself in a contractual dispute, our experienced lawyers are here to provide expert guidance and representation..
Our contract lawyers have extensive experience in drafting and reviewing various types of contracts. We understand the importance of clear and precise contract terms to protect your interests and minimize the risk of future disputes. Some of the contracts we can assist you with include:
No matter the complexity or nature of the contract, our lawyers will meticulously review every clause and detail to ensure your rights and interests are fully protected.
One or more parties have breached the contract.
Parties disagree over the meaning of particular terms or clauses.
Clauses are either inconsistent with the law or held to be unfair.
One or more parties have engaged in misleading or deceptive conduct.
Contracts are legally binding agreements, and when one party fails to fulfill their obligations, a contractual dispute can arise. Our contract lawyers are skilled in resolving contractual disputes and finding effective solutions for our clients. We can assist you with:
We understand that contract disputes can be disruptive and costly, which is why we strive to resolve them efficiently and in a manner that aligns with your best interests.
It’s easier to avoid disputes than to resolve them. When you’re negotiating a contract, ask your solicitor about including dispute prevention strategies.
Build in liquidated damages that are paid out by any party that commits a breach.
Include formalised procedures to quickly and cost-effectively resolve disagreements.
Avoid future disputes by providing for situations that could arise if certain things do or don’t happen.
When it comes to contract law matters, having the right legal representation is crucial. Here’s why you should choose our contract lawyers at Pentana Stanton Lawyers:
If you require assistance drafting, reviewing, or resolving a contract, our contract lawyers in Melbourne are here to help. At Pentana Stanton Lawyers, we are committed to providing high-quality legal services and protecting your rights and interests. Contact our litigation lawyer, Melbourne today to schedule a consultation and discuss your contract law needs.
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
He excels at partnering with growing organisations to help drive sustainable growth.
When you’re preparing for your consultation with one of our team, reading up on the basics of contract law can be helpful.
Get started with our library of easy-to-read articles and guides.
Contract disputes can be settled through informal negotiations, termination of the contract, formal processes like alternative dispute resolution, or court action.
If a matter goes to court and the Court finds in favour of the plaintiff, the plaintiff may be entitled to remedies, including:
A very simple example of a commercial contract dispute is if Company A paid Company B $100,000 upfront to supply Company A with goods by a certain date.
Company A doesn’t receive the goods by the due date, and Company B is not responding to calls or emails. Company A sends a letter of demand, receives no reply, and commences legal proceedings. Company B then responds, claiming that they had a data loss incident and that Company A’s order was lost.
In this situation, Company A, the plaintiff, would likely be entitled to either damages or specific performance (that is, Company B would have to compensate them for the $10,000 and resulting costs, or fulfil their side of the contract).
Contracts are designed to bind involved parties to a particular course of action, but, in some cases, there might be a legally valid reason for breaching a contract.
Often, the meaning of certain terms or clauses in the contract may be disputed. This can be due to poor syntax or punctuation, ambiguity in definitions, misidentified parties, or over-complication.
In other cases, one party might allege that a contract is legally unenforceable – that it has been drafted in a way that is extremely unfair, impossible to perform, or in contravention of existing laws. The statute of limitations defined in the contract may also have expired.
Finally, the contract may have been formed in a way that renders it invalid. In commercial contexts, invalidity is often introduced through misleading or deceptive conduct, but duress, undue influence, or lack of decision-making capacity by one of the signatories can all be defences if a contract is breached.
Frustration is a state that occurs when a contract becomes impossible to fulfil in the way it was originally intended. This is normally the result of a frustrating event – an unexpected occurrence that affects the parties, the subject of the contract, or the environment in which it was to be fulfilled.
For example, frustration could occur if a party to the contract died or if a flood made fulfilment impossible. When a contract is found to be frustrated, it is automatically terminated, and all parties have their future obligations discharged.
Although frustration isn’t common (most situations are temporary, foreseeable or rectifiable), the growing severity of extreme weather events could lead to more frustrated contracts in the future.
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