Many of your most important rights as a California employee are statutory rights. This means that State or Federal lawmakers have created and published laws that protect you from discrimination, ensure you receive a minimum wage, and increase your pay when you work overtime. At Spencer Young Law, we understand the complex body of laws that establish these rights and use them to your advantage.
But you may have additional rights that are created not by statute, but by contract. A contract is an agreement between two or more parties to exchange things of value. It could involve trading physical property, providing services for money, or making reciprocal promises to take certain actions or refrain from certain actions.
Not all agreements are contracts. A contract is an agreement that can be enforced in court. It establishes your right to “performance” under the contract: the other parties must live up to what they have promised. If they don’t, they have breached the contract and the court may award you damages based on the harm you have suffered.
An agreement must meet three elements to become an enforceable contract: offer, acceptance, and consideration.
An offer occurs when one party proposes a set of terms to the other party. Acceptance occurs when the other party agrees to the proposed terms. If a party agrees to part of the offer, but conditions the agreement on new terms that were not previously discussed, then they have not accepted the agreement. Rather, they have made a counteroffer, and negotiations must continue until both parties agree to the same terms. Courts require a clear understanding of the terms of an agreement in order to enforce it.
Consideration is the exchange of things of value. Courts do not believe that both parties are equally invested in an agreement unless they each get something out of it. Consideration serves as evidence that both parties intend to be bound by the terms of the agreement. If each party is promised something of value in exchange for their performance, they likely want the agreement to be binding.
Agreements that include offer, acceptance, and consideration can be enforced as contracts even if they are made orally or accepted by handshake. However, unwritten agreements can be more difficult to enforce since there is not an objective record of the terms that were agreed to. Moreover, certain types of agreements are only enforceable if they are in writing. For example, contracts to sell real estate or to employ someone for more than one year are not enforceable unless both parties sign a written agreement. No matter what type of agreement you are contemplating, you should consult an experienced contract attorney to make sure it will be enforceable. At Spencer Young Law, we write, interpret, and enforce all sorts of contracts to protect your interests above and beyond your statutory rights.
If you believe someone has breached a contract with you, or if you want to know whether an agreement is enforceable, call an experienced contract lawyer at Spencer Young Law today for a free consultation!