Franchising is a powerful way to expand or join a proven business model—but it carries significant legal responsibilities. It's not just a business arrangement, but a regulated relationship governed by disclosure rules and binding contracts. Whether ...

What Are They? When Are They Binding? Though there are some contracts that must be in writing to be enforceable, oral contracts are generally valid. Often, parties will verbalize the details of an agreement and clearly state that a contract has been ...

When Is the Subject Matter of a Contract Illegal? In earlier blogs, we have looked at four other requirements of a valid and enforceable contract: There must be an agreement. Both parties must have given consideration. The parties must ...

What Is Contractual Capacity? When Might a Person Lack Capacity? In this series of blogs, we have looked in greater detail at the specific requirements of a valid and enforceable contract. The first three blogs in the series looked at agreement, ...

What Is Volition? Common Situations Where a Party Does Not Voluntarily Enter a Contract In this series, we are looking at the necessary components of a valid and enforceable contract. In earlier blogs, we looked at the necessity of an “agreement” ...

What Is Consideration? What Qualifies as "Sufficient" Consideration When determining the validity of a contract, a court first looks to see that the parties had some type of agreement— that there was, as discussed in Part 1, a valid offer and an ...

What Is an Agreement? What Does It Require? When Will a Lack of Agreement Void a Contract? Contracts are an essential component for virtually every business. In fact, it’s not uncommon for your business to enter into multiple contracts on a daily ...

What Is It? When Can It Be Used to Void a Contract? Suppose you enter into a contract to deliver a quantity of manufactured goods to a customer. Your goods require a specific device as a part of the assembly process. After you enter into the ...

When Can You Legally Refuse to Perform under the Terms of an Agreement? When you enter into a contract, you make a legally enforceable promise to abide by the terms of that agreement. Typically, when you fail to perform as promised, you can be taken ...

When Can You Argue that You Didn't Agree of Your Own Free Will and Knowledge Under long-established law, one of the requirements for a contract to be valid and enforceable is that all parties must have voluntarily entered into the agreement. What ...