In breach of contract evidence, here is what you need to know. In the event that you need to engage in a legal dispute over a written contract, you need to be prepared for how to collect and prepare evidence for negotiations or trial. Ideally, in your Arizona business, you will keep a written copy of all contracts. Having a properly-drafted written contract is the cornerstone of protecting your business.
Why Written Contracts Are Better than Verbal Ones
Having only verbal contracts can be extremely problematic and cause numerous problems for your business from a litigation perspective. Contrary to common wisdom, most verbal contracts are legally valid. In only a few areas is it required that a contract be in writing, and there are exceptions to the rule even in these areas. The problem is not usually whether a verbal contract is enforceable; the problem is that without a written contract, parties can disagree about what the terms of the agreement were, and that disagreement can lead to disputes and litigation. Like the auto mechanic in the old FRAM oil filter commercials said, “You can pay now, or pay later.” With contracts, it is almost always less expensive to document the contract than it is to litigate the dispute.
Why Evidence Matters in Contract Cases
To win in a civil case involving breach of contract, you need to be able to demonstrate via a preponderance of the evidence that the other party has failed to live up to his or her terms in the contract. You should always hire an experienced business attorney even if you think that this is a minor issue that you can resolve relatively easily. This is because breach of contract cases can get out of control very quickly and you need someone knowledgeable about the law to help you craft your case.
What to Include as Evidence
All evidence in terms of communication between you and the other party in the contract should be gathered to present in court. Although you may not need to ultimately rely on all of the evidence, having access to everything and organizing it into a coherent manner will make it easier for you to reference if you do need to rely on it. Having all of the email and correspondence of the negotiations can become important, so your business should save communications regarding a contract in case it is necessary later.
Since you cannot always predict the strategy that the other side will take in this case, it is better to have too much as opposed to too little when you prepare. The contract itself is obviously of utmost importance in a breach of contract case, as well as any documentation that supports the validity of the signatures on it.
There may be other materials such as work logs, documents involving communication, and other agreements or pieces of evidence that could prove crucial in your case. You should begin your case by consulting with an Arizona business litigation attorney so that he or she can evaluate the best possible course of action for you. It is never easy to handle a breach of contract case, but knowing all of your options and understanding what could serve as evidence can help tremendously.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Breach of Contract Evidence, or any other litigation matters, please feel free to contact Roger C. Decker at 480.461.5343, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.