Contract disputes can range from the grand to the petite. Major companies as well as family members can be involved in a contractual conflict. The only requirement for a contract dispute to exist is that there is a valid and enforceable contract wherein there is a disagreement either over contract provisions or how the contract is being handled. In most cases, where the dispute cannot be resolved between the parties, the courts get involved to determine an outcome that is based on applicable contractual principles and provisions.
Business contacts can be quite complex and lengthy. So, when there is a contractual disagreement between or among businesses to a contract, resolution may be difficult to achieve. That was not the case, however, between Microsoft and Samsung. Apparently, these two mega-companies were embroiled in a dispute over patents and licensing. Specifically, Microsoft filed a suit against Samsung over an issue claiming that Samsung did not live up to its contractual obligations. The suit was filed in a New York court as well as in a tribunal in Hong Kong. The parties were able to reach a settlement.
As mentioned previously, in order for there to be a dispute over a contract, the contract has to be valid. A valid contract exists where two parties agree to a specific set of terms and conditions. A contract requires offer, acceptance and consideration. Consideration is usually monetary. When there is an enforceable contract, mutual assent is normally present and this means that there is a meeting of the minds about all the terms and conditions, and agreement with respect to all.
Although contractual disputes happen, resolution of such disputes is possible and plausible.
Source: The New York Times, "Microsoft and Samsung End Legal Dispute," Nick Wingfield, Feb. 9, 2015
No Comments
Leave a comment