Disputes and your Business

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Disputes and your Business
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• 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?

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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.

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2. Change

• You and the other party can agree to amend the
  contract to reflect the change in either partys
  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.

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• 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.

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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.

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• 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.

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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.

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• 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.