Texas Contract Attorney


In Texas, a contract is a legally binding agreement between parties to
do something or not do something. Several factors must be considered before it can be determined if a legally binding agreement has been made. Even once a contract has been created, additional factors are usually in play to further establish its validity. And if a breach has transpired, there is still a question whether or not damages have been incurred.

Elements: A legal and binding contract usually contain the following:

  • Offer
  • Acceptance
  • Legal Purpose
  • Mutuality of Obligation
  • Consideration
  • Competent Parties

Defenses:  Is the contract valid? Or is there a defense that automatically makes the contract unenforceable (void) or provide a party or parties an option not to enforce the contract (voidable). Factors to consider:
  • Legality
  • Capacity
  • Agency
  • Actual Authority
  • Apparent Authority
  • Implied Authority
  • Mistake, Duress, Fraud
  • Statute of Frauds
  • Parole Evidence Rule
  • Termination

Damages:  Which party breached the contract, and was the breach material? What was the subject matter of the contract? Possible damages include:

  • Compensatory
  • Expectation
  • Consequential
  • Liquidation
  • Punitive
  • Nominal
  • Restitution

Other Remedies to consider:

  • Specific performance
  • Mitigation
  • Recision

Call Setterberg Law Office to discuss your contract needs and concerns.