CONTRACTS
A contract is a legally binding exchange of promises or an
agreement between parties that the law will enforce. There
must be an offer which is accepted for some consideration.
It can be written, oral, or implied-in-fact (the conduct of
the parties’ shows there is a contract). There must be an
intention by both parties to make a contract and the
parties must agree on all the essential terms of the
contract. Some contracts must be in writing to be
enforceable, such as any sale of goods for more than $500
or the sale of real estate. See Idaho Code §§ 28-2-201
& 9-505.
This area of the law requires a close examination of the
each party’s communication with each other, whether this be
written, oral, or other dealings. The more things are
written down and recorded the easier it is to determine the
parties’ intent regarding the essential terms of the
contract. A breach of contract may be enforced in court,
which could include monetary damages or an injunction.
There may be some defenses to a breach of contract claim.
Most often parties are able to make contracts, however an
attorney can help the parties set clarify the terms of a
contract or alleviate problems before they occur by
alerting clients to various potential issues to consider.
An attorney can also help identify different defenses to a
claimed breach of contract.