Business disputes occur all the time and can prevent at the closing of a deal or even the operation of the business. At times, business partners may think they have the perfect deal, but then events occur which negatively impact the relationship to the point they may decide to sever their relationship.
Our Charleston business lawyer have experience in dealing with various business contracts and business organizations, assisting our clients to cope with troubled deals and partnership disputes. We are able to advise our clients on how, and whether or not to proceed with a specific deal or business venture. Our business litigation lawyers take time time to analyze a business agreement, business organization, business transaction, in order to understand the risks and identify the potential legal issues that could arise. This enables us to detect the remedies that are potentially available to our clients to aid in resolving a business dispute or ameliorate potential losses to clients.
Business disputes occur for several reasons. A party may want to walk away from a deal because he or she discovered material misstatements in a party’s representations which would cause a breach of contract, breach of fiduciary duty, or potentially fraud. Other times events could result in professional liability or could seriously affect the target’s future prospects. Our business attorneys have experience in handling these situations and identify whether there is sufficient ground for walking away and, if applicable, conduct an analysis of the possible remedies available to the client or opposing party in order to calculate potential damages. These considerations often turn to principles of contract law to resolve the business disputes.
Under contract principles, a party may have the right to suspend or terminate its performance under an agreement in the event of a material breach by the other party or through the non-fulfillment of a condition precedent to the party’s obligation to perform. Normally, when business disputes arise, agreements may be terminated by:
- Mutual consent of the parties;
- By a party, if a material breach of the agreement has been committed by the other party;
- By a party, if certain conditions for its benefit have not been satisfied by the date specified for the closing or the satisfaction of a condition becomes impossible (other than through the party’s failure to comply with its obligations); or
- By either party, if the closing has not occurred by a specific date, or such later date as may be agreed to, unless the party seeking to terminate is in material breach of the agreement.
We believe in meticulously addressing each term of the agreement in order to avoid contract disputes. In situations where business disputes do occur, the terms of the agreement may determine the liability, if any, of the non-terminating party and may allow a party to walk away from the deal without any liability. Our Charleston business lawyer creativity and negotiating skills allow us to address business disputes with confidence and provide clients with unlimited counsel and guidance.