Got Hoodwinked in a Contract?


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Got Hoodwinked in a Contract?

We’ve all been there. You sat at a table at opposite sides, excited about a new prospect, person, or product. You sign at the X and then…

And then …. nothing. You paid the money or expected something in return. Or you provided a service and now they won’t pay. It sucks. You feel cheated. Used. This, my friends, is a classic breach of contract.

So what would your options be? In the legal system, there are two ways a contract can be enforced: 1) ‘specific performance’ and 2) money damages. Specific performance is only applied in cases in which the object in issue is unique. Real estate is the most common example. For most cases, you can try to get your money damages. Practically speaking, it’s best to try to just work it out, even if it means settling for a lesser amount. But often, the party on the other side might take a ‘make me’ approach, putting you in a very difficult position. Other than legal remedies, I advise clients to take a more commercial approach. If it is a business, let them know that you are highly dissatisfied and will post a negative review on the internet (be careful though as to not exaggerate or lie or you might end up defaming the party and can yourself in legal trouble that way). Also, make clear that you will not refer your friends and family to the business. Otherwise, court may be the only option. Like I said. It just sucks sometimes.

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