Common Loopholes Found in Sale of Business Agreements

When you are engaged in business or commerce on the Internet, it is vital to have a full awareness of the contracts that are used and any loopholes contained within them. Sale of Business agreements can have a lot of loopholes that the average person would not be able to detect. The loopholes can be significant in altering the litigation methods that may be available in the event of a dispute. They can also alter the consequences for sending a wrong shipment or goods or non-conforming goods that do not meet the buyer’s expectations.

One of the most common loopholes that are found in a Sale of Business agreement is the breach of contract provision. A breach of contract allows one party to step away from his or her obligations under a contract. The court will usually assess whether the breach was material or inconsequential in determining whether a party owes damages to another party. Once a contract is breached, the other party should be aware that he or she is also no longer under any duty to perform.

Another loophole to the creation of a Sale of Business agreement is mutual mistake (also see What is a Service Agreement?). Mutual mistake occurs when two parties are both mistaken about a material fact of a contract. They may engage in the sale of a product that is not what was stated in the contract due to an honest mistake of fact. When a mutual mistake occurs, the court may decide to rescind the contract.

Also, business owners should be aware of the age of the other party in which they are dealing during a business transaction. If the other party is under the adult age of 18, then he or she may have special privileges for ending the contract. Individuals who are under the age of 18 have the full legal capacity to disaffirm contracts that are not for goods that are defined as “necessaries.” This means that an individual could decide to back out of a contract with your business at any time if he or she is under the age of 18. You should always be aware of the age of the other businessperson whom you are dealing with during a transaction.

You can visit to learn more about common loopholes in business contracts. You can also find additional legal services available from LegalVision if you want to hire a lawyer to draft a business contract for you.



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