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June 2014 Archives

What's the Deal? A Litigator's Perspective on Avoiding Pitfalls in Contract Formation

Most people intuitively know the key elements that must exist to form any contract - an offer by one party, an acceptance of that offer by another party, and an exchange of value. Unfortunately, when contractual disputes arise, litigators often look beyond those elements and to the fine print of the contract to figure out whether their client's position is supported by the wording of the contract. Of course, not all deals have fine print, with many valid agreements concluding with a handshake or a few scribbled words on the back of a napkin.