Commercial Contracts

What are the requirements for a valid and enforceable contract in Utah? The Uniform Commercial Code was adopted by all states and has certain legal requirements related to the sale of goods. LeBaron & Jensen has years of experience handling a variety of cases related to contracts to ensure the company can legally do business. Here are some aspects of an acceptable legal contract.

Writing Correct Agreements

All agreements must be carefully constructed and signed for acceptance of the offer.  Technical language of the law will assure all parties are in full understanding of what is being bought, sold, or delivered and for what price. The contract must clearly explain what is being exchanged:

• Both parties must provide something in exchange to one another. The law deems this as “consideration”, meaning both parties give up something.
• The parties must have legal capacity to enter into the contract agreement. What this means is both parties must be of sound mind when they entered into the contract. This contract is binding unless you were under the influence of alcohol or drugs.
• You must willingly enter into the contract. If you are forced into the contract, you may be able to void the contract.
• The subject matter must be legal. A contract cannot be used to enforce a person into performing illegal acts.

Oral vs. Written Agreements

Oral contracts are enforceable unless they are for a specific thing such as the sale of land or sale of goods. It is important to speak with a member of our legal team to discuss an oral contract and to determine if you have a case. Here are some typical business agreements:

• The sale of goods, products or parts
• Provision of services, including vendor and employment services
• Use of Intellectual property (copyrights, trademarks, and trade secrets)
• Purchase or lease of property

Contact LeBaron & Jensen for more information about business contracts.