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Business Contract Writing

Sam Said:

Is a written contract necessary in a business relationship in Illinois?

We Answered:

Not if the other party never signed it. Like the lawyers say, "Oral agreements aren't worth the paper they're written on."

You could phone an attorney (I'm not one) to see if you might have other grounds which could win a case, and I recommend that's what you do.

Eleanor Said:

Under what condition would counsel work on contigency involving a business to business contract dispute?

We Answered:

I sincerely doubt it.

Lawyers that work on a contingency basis are usually those practicing in the area of personal injury (slip & fall, medical malpractice, unsafe medication, & other negligence cases which involve some type of physical or financial injury).

These lawyers are super selective about which of these cases to take on and most will only take on those cases that they are sure to win AND where the expected payout is considered to be "worthwhile".

In your case, you are referring to a contract dispute. There would be no pain & suffering or punitive damages involved. Therefore, the attorney would have little to no funds to draw from, should he win the case. As such, the payment he would be receiving would be coming out of your pocket anyway. Attorneys agree to work on contingency fees because the benefit (usually 1/3 of the award) far outweighs the risk (because they only choose "winning" cases) of working for free. In other words, when the attorney works a contingency case, he stands to make much more money than if he just billed the client per hour. However, in your case, the attorney would be better off billing per hour because it would be more lucrative for him.

That being said, there are plenty of attorneys that offer a free consultation. You should go to one & get some advice. If the attorney likes your case, then he may be open to working out a special payment agreement with you. Some will charge you per hour but others will be willing to charge you per "job" (ex: flat fee to read over the proposed settlement offer). That's probably your best option.

Good Luck!

Audrey Said:

Can someone please help me write a CONTRACT for my business&law project?

We Answered:

most libraries have books with all kinds of contract forms in them

Charles Said:

Business agreements. Which party writes the contract?

We Answered:

Both of you will do the agreement and everything. Consult for a lawyer.

Jamie Said:

Margot owned a wholesale restaurant supply business. She entered into a written contract to buy 1,000 lbs of s

We Answered:

C.

An orally binding contract is not legal for large sums of money. One could argue that she buyer was under durress (pressure to buy) when confronted with a 4 cent/lb increase in price. If it ended up in court, the buyer could insist on a purchase price of 30 cents per pound as per the terms of the initial agreement. This would be supported by the fact that the buyer places reliace in the seller and, if it was a good contract, there would be a promissary estoppal clause which essentially means that since the buyer stopped looking for another place to purchase the sugar when signing a contract, the contract would be fully enforcable.

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