It’s important to preemptively educate yourself on contract legality. While a New Mexico breach of contract attorney can educate you on these legal terms when a breach happens, it’s recommended to explore the various factors behind what makes your contracts legally binding or enforceable before anything happens.
At the Sitterly Law Firm, breach of contract lawyer Nick Sitterly can educate you on all aspects of breach of contract litigation and can help you craft a legally binding document.
To help you better understand what makes contracts enforceable, let’s discuss the requirements for legally binding documents and the attributes of common contracts found in New Mexico.
Basic Requirements of a Legally Enforceable Contract in New Mexico
A legally enforceable contract in New Mexico, just like anywhere else, includes these key elements.
Causes of a Breach of Contract
A breach of contract can occur for various reasons. Some common causes are outlined below.
Agreement
There must be a clear offer made by one party and an unequivocal acceptance by the other. In simpler terms, both parties need to agree on the contract terms. For written contracts, this typically involves a dated signature from both parties.
Contracts can also be oral or implied. In these cases, an extensive investigation must take place to confirm there was a binding agreement involved.
Both parties must intend for the contract to be legally binding. Social agreements or casual promises, such as promises between friends, are generally not enforceable contracts because they lack this intention.
Consideration
A contract must involve something of value exchanged between the parties. This could be money, goods, services, or even a promise to do or not do something.
The terms of the contract must be clear and definite, and it must be possible for both parties to perform their obligations. Contracts that are too vague or impossible to perform are often unenforceable.
If a party does not follow the contract terms, a breach of contract occurs. At that point, the other non-breaching party may put forth a breach of contract claim.
In this case, a breach contract lawyer will have to assess the claim to see if a breach has occurred and the level of monetary damages.
Legality
The parties entering the contract must have the legal capacity to do so. This means they must be of sound mind and legal age.
Contracts with minors or individuals with certain mental incapacities may be voidable.
The purpose of the contract must also be legal. Contracts that involve illegal activities or purposes contrary to public policy are generally unenforceable.
While many contracts do not require a specific form to be valid–oral contracts can be enforceable in many situations–certain contracts must be in writing to be enforceable.
A contract dispute lawyer can help answer whether your contract is valid.
Exploring Different Contractual Arrangements
Here are some common breach of contract examples.
Sales Contracts
Sales contracts are common in the business world. Many of them are part of what’s known as the statute of frauds–a doctrine requiring certain types of contracts to be written.
In New Mexico, some sales contracts must be in writing to be enforceable. This includes real estate contracts or goods worth $500 or more. In other words, when big bucks are involved, you better get it in writing.
However, there are exceptions. For instance, a breach of contract can occur with an oral contract and may still be enforceable if one party has partially performed their end of the bargain. It’s a gray area that courts have to navigate sometimes.
Our breach of contract law firm can help you navigate your case’s gray areas for the best possible legal action and the potential damages to seek. Nick Sitterly can also help you with contract drafting and navigating provisions in contracts.
Business Contracts
Business contracts can range from employment contracts to partnership agreements, and New Mexico treats them differently from sales contracts.
While some business agreements do require written agreements, many can be oral. However, it’s always a good practice to get it in writing, as verbal agreements can often lead to disputes and misunderstandings down the road.
When drafting business contracts, using precise and legally sound language is essential. Ambiguity can lead to legal issues and battles that no one wants.
Nick Sitterly is a breach of contract attorney who can help you draft clear and concise legal and valid contracts.
Domestic Partnership Agreements
Domestic partnership agreements are becoming more common, and they have their own unique set of considerations in New Mexico.
A domestic partnership agreement is a legal document that outlines the rights and responsibilities of unmarried couples who live together. It can address issues such as property division, financial support, and child custody.
While domestic partnership agreements are recognized in New Mexico, they can still face legal challenges.
When in doubt, consult with a contract dispute attorney. Nick Sitterly of the Sitterly Law Firm understands the nuances of these agreements and can help you navigate any breach of contract dispute.
Our New Mexico Breach of Contract Attorney Has Your Best Interests in Mind
The Sitterly Law Firm is here to help protect your best interests whenever you enter into any contract. Nick Sitterly can give you excellent legal advice in case of a breach of contract in New Mexico and help you navigate the state’s unique legal proceedings and system.
If you have questions or concerns about the enforceability of your contract, don’t hesitate to reach out. The Sitterly Law Firm is here to fight for your rights, seek compensatory damages, and ensure that your contracts stand up to the test of New Mexico law.
Contact New Mexico breach of contract attorney Nick Sitterly today to discuss your breach of contract case.