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Disputes and your business

April 30, 2018 by Mark White

All businesses enter into contracts. They set out the terms of the business relationship between the parties.

But, what do you do when the other party is unable or unwilling to fulfil their end of the “deal”?

1.   Discuss

Your instincts when someone does not deliver may be to end the business relationship. However, by speaking to them you may be able to find out why they have not been able to fulfil their obligations. This will give you more information to base your next steps on.

2.   Change

You and the other party can agree to amend the contract to reflect the change in either party’s circumstances. For example, if you supply 100 containers to a company whose business is doing poorly and is unable to afford 100 containers, you may amend the contract to provide 50 containers. You should record any amendments agreed to between the parties in writing through a Deed of Variation, which White and Mason Lawyers is able to prepare for you.

3.   End

If the business relationship cannot be salvaged and the other party has breached an essential term of the contract, it may be prudent to bring it to an end. It is imperative that you seek legal advice prior to terminating the contract to ensure that the breach entitles you to do so. If you are entitled to terminate the contract, you must follow any termination clauses in the contract that outline how you terminate the contract. White and Mason Lawyers can advise and assist you with this.

Should you fail to do the above, the other party may be able to initiate proceedings against you for wrongful termination of the contract.

4.   Proceedings

You may be able to pursue a claim against the other party for breaching the contract.

It is important to bear in mind that legal proceedings are time-consuming, costly and stressful. Furthermore, your opponent may not have the financial capacity to pay you even if you win. White and Mason Lawyers prefers to resolve disputes as soon as possible with minimal expense to the client.

White and Mason Lawyers is able to advise you on all aspects of dispute resolution.

For further information please contact:

Mark White
+61 3 9088 0488
mdw@whiteandmason.com.au

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