More than 30 years of law practice has taught me lots; some have been learned with ease and some have been greatly humbling. Reflecting upon so many cases ranging from family law to personal injury to criminal and civil, general equity matters and many others, (you get the point) can say with most certainty that contracts are only as "good" or "valid" or "enforceable" as the integrity of the people who sign them. have thought about that statement many times over the years, and no matter how many ways look at it or think about it, it keeps ringing true. Thus, have decided to tell my clients, when applicable, to do your best investigation prior to signing or agreeing to anything. This will help you to reduce your risk of disappointment and/or pecuniary loss. Naturally, there is always risk. Success is achieved, or at least better achieved, when clients understand the risk when they do not have much experience or confidence with contracts. Let's run through couple of examples:
Example 1
You are consumer, and you purchase used car from friend of friend, perhaps highly recommended. You go check it out and it seems ok, and the price is just right for what you can afford. The owner tells you about the car but leaves out important details like how many miles are on the car because he knows the miles were turned back (he may have even taken part in the deception.) It drives well, so you buy the car (with cash) and because you are savvy, you get receipt. You know you must go to motor vehicles to register the car, get license plates, insure the vehicle etc. You do that and feel pretty good about yourself especially because you received good price. You bring the vehicle to mechanic to have it checked out. While this is happening, the mechanic discovers the vehicle does not have 65,000 miles on it, it has 125,000 miles on it. You ask for confirmation, and you get it. You feel like fool, but you quickly realize not only did you overpay for the car, but the person you purchased it from will not return your calls until your friend intervenes. You finally get him on the phone, and he tells you that he has no idea what you are talking about. What do you do? While your choices are suing the person who sold you the car, ask your friend to help you out, again, or set fire to the seller's house (just kidding) the contract you entered (that is to purchase car with 65,000 miles on it and pay the Kelly Blue Book Value of it) has been breached. It was breached because the seller lied about the mileage so he could sell you car for more money making him more money. No integrity, bad contract, expensive lesson.
Example 2
Let's delve into the family. So, you and your ex-spouse have parenting agreement. You know what times you each have the children and what you are supposed to do. You have contract either agreed to by you and your ex or ordered by court, but it is contract, nonetheless. As time goes on, your ex decides that this arrangement is putting damper on his newfound single life, and he cannot take the children all the time he is supposed to take them. You let him slide the first few times because you love your kids and more time with them benefits you. However, you start to realize that "if you give someone finger they want your hand, and when you give them your hand, they want your arm..." It's getting abusive and you know you must put an end to it. You try text, then call and then big argument ensues. Your contract is toast, and you now worry whether you have changed the contract by letting him get away from his obligations. This is where communication, patience and negotiation become paramount. Since you know your ex has changed his priorities away from the children and onto his personal life, you know you can't yell about that because you will get nowhere, and you permitted him to do it thereby tacitly amending your contract. But the key here, is, that he made an agreement and broke it; he lacks integrity and cannot be relied upon probably ever again. You must learn from this or suffer the consequences of repeating bad mistake. So, the next time there is the possibility of you having to enter contract with him, don't do it unless you can either eliminate, or at least significantly reduce your risk or have the courage to say no.