Business Contract Lawyer

Contracts are the foundation of business relationships. Whether you are hiring staff, buying goods or providing services, a clear contract protects your interests and reduces the risk of disputes. Without proper contracts, misunderstandings can lead to costly litigation.

At Revolance Legal we act as a strategic partner for businesses. We draft, review and negotiate contracts so you can focus on running your business with confidence. Our advice is direct and practical, ensuring each agreement reflects your commercial objectives.

What Makes a Valid Contract?

For a contract to be legally enforceable, certain elements must be present. These include:

1. Offer and acceptance: One party must make a clear offer and the other must accept it. Acceptance must mirror the terms of the offer; otherwise there is a counter‑offer.
2. Consideration: Each party must provide something of value (a price or promise) in exchange for the other’s promise. Love or affection is not sufficient consideration.
3. Intention to create legal relations: Business agreements usually presume an intention to be legally bound. Social arrangements generally do not.
4. Capacity: Parties must have legal capacity to enter into contracts. Minors, people with severe mental impairment, bankrupt individuals and some companies may lack capacity.
5. Certainty and completeness: The contract must contain enough detail to be executed. Essential terms include price, quantity and scope of work.

Contracts can be written or verbal. However, written contracts provide clarity and evidence of the agreement. Some agreements, such as guarantees and sales of land, must be in writing.

Types of Business Contracts

Business owners use many types of contracts, including:

• Supply and service agreements: outline obligations, payment terms, delivery schedules and quality standards.
• Employment contracts: define roles, remuneration, leave entitlements and notice periods. Employment agreements also include implied terms such as mutual trust, safe workplace and confidentiality.
• Lease agreements: detail the rights and obligations of landlords and tenants.
• Partnership or shareholder agreements: govern relationships between business owners, profit distribution and dispute resolution.
• Non‑disclosure agreements (NDAs): protect confidential information and trade secrets.
• Franchise agreements: set out rights and obligations between franchisors and franchisees, including disclosure requirements and good faith obligations.

Common Contract Issues

Without careful drafting, contracts can lead to disputes. Common issues include:

• Ambiguous terms: unclear wording can lead to differing interpretations.
• Unreasonable clauses: excessive penalties, restraint of trade or unfair allocation of legal costs may be unenforceable.
• Failure to meet formalities: some agreements require signatures, witnesses or registration.
• Lack of consideration or capacity: if one party does not provide value or lacks capacity, the contract may be void.
• Misrepresentation or unconscionable conduct: false statements or unfair pressure can render a contract voidable.

Contract Management Tips

1. Put it in writing. Written contracts are easier to enforce and can prevent misunderstandings.
2. Define key terms. Clearly specify parties, services, payment and timelines.
3. Include dispute resolution clauses. Provide a process for negotiating disputes, mediation or arbitration before litigation.
4. Review regularly. As your business grows, contracts may need updating to reflect current laws and circumstances.
5. Seek legal advice. A lawyer can identify potential issues and ensure your contract complies with legislation.

How Revolance Legal Can Help

Our firm offers comprehensive contract law services:

• Drafting: We prepare contracts tailored to your business needs, ensuring clarity and enforceability.
• Review and advice: We review existing contracts, identify risks and suggest amendments.
• Negotiation: We negotiate terms on your behalf to achieve favourable outcomes.
• Dispute resolution: If a contract dispute arises, we aim to resolve it through negotiation or mediation. If necessary, we represent you in litigation.
• Education: We explain contract principles and help you implement procedures to manage contracts effectively.

Frequently Asked Questions (FAQs)

Protect Your Business Interests

Strong contracts are essential for business success. Revolance Legal combines strategic insight with supportive guidance to help you navigate complex agreements. To discuss drafting or reviewing a business contract, call 02 9266 0688 or email [email protected].