Contract Analysis

Some Basics On Contract Analysis

I. We first look to see if a contract actually formed. This involves basics of contract formation like offer and acceptance.

II. We then look to see if there are defenses to the contract which may invalidate some or all of the contract. Some contract defenses include unconscionability, public policy concerns etc.

III. We then look to see what the parties agreed to, either expressly or impliedly and the agreements applicability to common law principles.

IV. There may be factors that excuse non-performance, such as impracticability, frustration or failure of consideration.

V. Finally we review remedies.