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Video Guide on Massachusetts Legal Contracts management

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Commonly Asked Questions about Massachusetts Legal Contracts

A bdocHub of contract occurs when one party fails to fulfill its obligations as outlined in the contract. That could include something relatively minor, such as being a couple of days late on a payment, or something more serious.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
Key components to establish actual bdocHub: existence of a valid contract, non-performance, timeliness, and materiality. Types of actual bdocHub: partial and total, anticipatory and present. Legal remedies for actual bdocHub cases include compensation and restitution.
Contracts have three essential elements: an offer, an acceptance of that offer, and sufficient consideration, or what each party will get out of the contract. The contract should be written in such a way that the parties involved clearly understand the contract without an attorney to interpret it.
Choice of law clause, also known as a governing law clause, that allows the contract parties to choose the substantive law of Massachusetts to apply to the contract.
CONTRACTS: FORMATION OF A BINDING CONTRACT v. Malouf, Inc., 430 Mass. 875, 878 (2000) (It is axiomatic that to create an enforceable contract, there must be agreement between the parties on the material terms of that contract, and the parties must have a present intention to be bound by that agreement.); Vacca v.
Choice of law clause, also known as a governing law clause, that allows the contracting parties to choose the substantive law of the appropriate state to apply to the contract.
Parties to a contract are free to choose their governing law: it need not have any connection with the location of the contracting parties or the subject matter of the contract. In practice the parties choice of law may often be straightforward, based on market practice or the law that they are familiar with.
Strictly speaking, an implied choice of law means that the parties actually made a choice of law to govern their international contract, but there was a flaw in communicating that choice explicitly.
There are four elements of a bdocHub of contract claim: a valid contract, performance, bdocHub, and damages.