Pursuing and Defending Business and Individual Litigation Claims!
William F. Gallese, P.A. Law Firm represents corporations, partnerships, and individuals in a full range of business disputes involving corporate, partnership and contract issues. The Firm’s services range from pre-litigation counseling, litigation through trial and, if necessary, appeal.
With a reputation among our clients of candidly assessing the strengths and weaknesses of contractual disputes, the Firm has successfully resolved cases short of trial when utilizing alternative dispute resolution methods best served to our client’s goals and interests.
When trial becomes necessary, our firm can provide the experience necessary to bring the facts to the court which is necessary to maintain or defend a claim for breach of contract and other similar matters.
Our firm handles contract issues for corporations, partnerships and individuals in the State on the Treasure Coast, and may be available for either representation or referral throughout the state of Florida . Please contact William F. Gallese, P.A. of Stuart, Florida at 772-220-2088
A contract is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing. Contracts can also be formed orally (parol contracts). The remedy at law for breach of contract is usually “damages” or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the “benefit of the bargain” or expectation damages, which are greater than mere reliance damages, as in promissory estoppel.
Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda, which is usually translated “agreements to be kept” but more literally means “pacts must be kept”.
Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations, along with tort, unjust enrichment, and restitution.
As a means of economic ordering, contract relies on the notion of consensual exchange and has been extensively discussed in broader economic, sociological, and anthropological terms (see “Contractual theory” below). In American English, the term extends beyond the legal meaning to encompass a broader category of agreements.
This article mainly concerns the common law. Such jurisdictions usually retain a high degree of freedom of contract, with parties largely at liberty to set their own terms. This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code.
However, contract is a form of economic ordering common throughout the world, and different rules apply in jurisdictions applying civil law (derived from Roman law principles), Islamic law, socialist legal systems, and customary or local law.
At common law, mutual assent is typically reached through offer and acceptance, that is, when an offer is met with an acceptance that is unqualified and that does not vary the offer’s terms. The latter requirement is known as the “mirror image” rule. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, simultaneously a rejection of the original offer. The Uniform Commercial Code notably disposes of the mirror image rule in § 2-207, although the UCC only governs transactions in goods.