Contract Dispute Lawyers
Dispute Resolution & Litigation
Helping you understand your rights when someone breaches a contract, and understanding your contractual obligations when contractual disputes arise
Contracts are an integral part of modern life, touching nearly every aspect of our personal and professional endeavours. We enter into contracts everyday whether we know it or not. However, misunderstandings and conflicts can arise after entering into a contract, often leading to complex, frustrating and drawn out disputes. More often than not it’s when one party to a contract does not meet their end of the bargain that things go wrong. In such circumstances, it is imperative to seek legal advice from an experienced contract dispute lawyer to resolve the dispute effectively and efficiently.
Attwood Marshall Lawyers has a dedicated team of commercial litigation lawyers who can offer effective legal advice and dispute resolution strategies to resolve contract disputes. Our lawyers will help you navigate the intricacies of contract law and consumer protections to safeguard your rights and best interests.
Common disputes we can assist with relate to:
Failure to repay a loan
Failing to provide a product or service to the standard required
Supplying or obtaining faulty goods
Non-payment of money (consideration) after a product or service has been delivered
Failing to comply with terms and conditions of a contract
Breach of confidentiality
Breach of intellectual property rights
Breach of restraints of trade
The Australian Consumer Law in conjunction with state legislation was enacted to preserve and enhance competition amongst businesses, and to protect consumers. The laws protect businesses and consumers in relation to a range of breaches that may be committed in a commercial setting and provide avenues through which to seek redress for those who have suffered loss.
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Our contract dispute lawyers are here to support you
At Attwood Marshall Lawyers, we have a complete and comprehensive understanding of Competition and Consumer Law and its various applications and relief provisions. We can work with you to ensure that you do not fall foul of your obligations as a supplier of goods or services, and to ensure you understand your rights as a purchaser of goods and services.
The Australian Consumer Law aims to protect consumers from:
- Misleading and deceptive conduct in trade or commerce
- Defective goods and services
- Unconscionable conduct in trade or commerce
- Unfair practices in trade or commerce
- Unsafe consumer goods and product related services
- Not meeting information standards
- False and misleading representations
- Bait advertising
- Sending unsolicited goods then demanding payment
- Unfair contract terms
A contract is an agreement between two or more parties that creates legally binding rights and obligations. It can be a written agreement or verbal agreement and involves the exchange of goods, services, money, or any combination thereof.
The critical elements of a contract include:
- An offer, whereby one party makes a clear proposal to enter into the contract.
- An acceptance of the offer, whereby the other party unambiguously agrees to the terms of the offer.
- Consideration, whereby something of value is exchanged, such as goods, services, or money.
- Intention for the contract to be legally binding.
- Each person has the legal capacity to enter into the contract.
- Each person enters the agreement willingly, without undue pressure or misrepresentation.
There are a plethora of remedies available to protect consumers against dodgy salesman and dodgy products, including, for example, someone who has purchased goods or services which are defective, unsafe or not fit for purpose.
If you purchase a product, for example a motor vehicle, which is defective, the “statutory warranty” provisions under the Australian Consumer Law enable you to pursue the seller of the defective product, via court proceedings, for a refund, or a replacement product, and losses.
If you are misled or deceived about a product or service which is sold to you, you are able to pursue the person under the Australian Consumer Law for deceptive and misleading and conduct.
For example, a salesman might represent to you that a vehicle which you purchase has the capacity to tow a caravan, however, after you purchase the vehicle, you find out that the vehicle is unable to tow a caravan. Under section 18 of the Australian Consumer Law, you can sue the salesman to recoup losses, or obtain a refund.
Our contractual dispute lawyers regularly issue court proceedings pursuing an individual who has misled or deceived one of our clients.
- Consumer Contracts
- Loan Agreements
- Supply Contracts
- Home Building Contracts
- Sales Contracts
- Service Agreements
- Consumer Loans and Credit Contracts
Terms within a contract are only enforceable if they are consistent with the relevant laws. When there is an inconsistency between legislative requirements and contract terms, the legal provisions usually take precedence, rendering the contract void. A court may find a term unfair if it:
- causes a significant imbalance between the rights and obligations of the parties
- is not necessary for protecting the advantaged party
- causes detriment to a party.
Relief in this regard is provided under Australian Consumer Law and also under the Unfair Contracts Act in New South Wales.
Failing to comply with a contract’s terms and conditions that you have entered into can lead to various consequences depending on the specific circumstances of the breach. Consumers and parties to contracts are protected by legislation, and also by the common law, which is law created pursuant to judgments made by judges in Courts. For example, if a party to an oral agreement does not repay money to you by the time agreed, the common law provides that you are entitled legally to terminate the agreement (the contract) and to pursue the other party via court proceedings to recover the money owed.
The Australian Consumer Law provides consumers protections and remedies in situations where goods or services do not meet certain standards or are not provided as agreed.
Some of the potential consequences, if a party fails to comply with the terms and conditions of a contract, can be:
- The consumer may be entitled to a replacement, repair, or refund, depending on the nature of the breach.
- The business or individual who breached the law may face penalties and enforcement actions by the Australian Competition and Consumer Commission (ACCC), who has the authority to take legal action against businesses that engage in deceptive and misleading conduct, false advertising, or unfair contract terms.
- If a dispute arises, either party can take the matter to court for a determination. The court can order specific performance, damages, or other remedies depending on the circumstances of the case.
- In some cases, a breach of contract may give the innocent party the right to terminate the contract and seek damages for financial losses they have suffered.