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Roberts Fowler & Visosky LLP

Roberts Fowler & Visosky LLP

Tamuning, Guam

Founded in 2000
50 people in their team
Chamorro
English
KEVIN J. FOWLER, born Kalamazoo, Michigan, February 24, 1960; admitted to bar, 1988, Oregon and Guam; 1990, U.S. District Court, District Court of Guam; 1992, U.S. Court of Appeals, Ninth Circuit; 1997, Supreme Court of Guam.Education: Western Michigan University (B.S., 1983); Northwestern School...
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About Contract Law in Tamuning, Guam

Contract law in Tamuning, Guam, deals with the creation, enforcement, and interpretation of agreements between parties. As a U.S. territory, Guam's contract law principles stem from both local statutes and federal guidelines, while also being influenced by common law traditions. Contracts are vital in ensuring that business operations and personal agreements are legally binding and enforceable. Whether you're conducting business, hiring services, or leasing property, understanding contract law is crucial to protect your interests and avoid potential disputes.

Why You May Need a Lawyer

There are several situations where seeking legal advice regarding contracts in Tamuning, Guam, is beneficial:

  • Drafting Contracts: To ensure terms are clear, enforceable, and protective of your interests.
  • Reviewing Contracts: To identify potential risks and ambiguities before signing.
  • Negotiating Terms: To achieve favorable conditions that align with your needs and goals.
  • Breach of Contract: To address and resolve situations where one party does not fulfill their contractual obligations.
  • Contract Disputes: To handle disagreements about contract interpretations or execution.
  • Employment Contracts: To ensure agreements with employers or employees are fair and legal.

Local Laws Overview

Key aspects of local laws that are relevant to contract law in Tamuning, Guam, include:

  • Statute of Frauds: Certain contracts must be in writing to be enforceable, such as those involving real estate transactions or contracts lasting more than a year.
  • Capacity to Contract: Parties must have the legal ability to enter into a contract, which generally requires them to be of sound mind and at least 18 years old.
  • Validity: A valid contract requires an offer, acceptance, consideration, mutual consent, and a lawful purpose.
  • Consumer Protection: Legislation protects consumers in transactions, ensuring fair practices and transparency.

Frequently Asked Questions

What constitutes a contract in Tamuning, Guam?

A contract is an agreement between two or more parties that creates mutual legal obligations, with the basic elements being offer, acceptance, consideration, and mutual consent.

Are verbal agreements legally binding in Guam?

Yes, verbal agreements can be legally binding in Guam, but certain types of contracts must be in writing under the Statute of Frauds to be enforceable.

How can I ensure my contract is enforceable?

To ensure enforceability, clearly articulate terms, ensure all parties have the capacity to contract, satisfy legal requirements like the Statute of Frauds when necessary, and ensure there is mutual consent.

What should I do if a party breaches a contract?

If a contract is breached, review the contract terms, document the breach, attempt resolution through communication or negotiation, and consider seeking legal advice for remedies or legal actions.

Can I modify a contract after it has been signed?

Yes, contracts can be modified after signing if all parties agree to the changes, and it's often recommended to put modifications in writing to avoid disputes.

What is a non-compete clause, and is it enforceable in Guam?

A non-compete clause restricts a party from engaging in similar business activities within a specific period and area. Its enforceability depends on factors such as reasonableness in scope, time, and the protection of legitimate business interests.

How long do I have to bring a lawsuit for breach of contract in Guam?

The statute of limitations for filing a breach of contract lawsuit in Guam is typically six years from the date of the breach, but this can vary depending on the contract type.

Is a contract still valid if one party was misled into signing it?

If a party was misled (fraudulently induced) into signing a contract, it may render the contract voidable and open to legal challenges based on fraud.

What happens if a contract contains an illegal provision?

If a contract contains an illegal provision, that specific clause may be voided while the rest of the contract remains in effect, provided the contract can still stand without it.

Can minors enter into contracts in Guam?

Generally, minors (under 18) cannot enter into enforceable contracts in Guam, except for necessities or if the contract is affirmed upon reaching the age of majority.

Additional Resources

For additional assistance and resources, consider the following:

  • Guam Bar Association: Offers a directory of local attorneys and legal resources.
  • Office of the Attorney General of Guam: Can provide consumer protection guidance and resources.
  • Department of Revenue and Taxation: Helpful for understanding regulations impacting contract-related financial matters.

Next Steps

If you need legal assistance for contract-related issues in Tamuning, Guam, you should:

  • Identify your specific legal needs and gather relevant documents related to your contract issue.
  • Research and select local attorneys with expertise in contract law by consulting the Guam Bar Association’s directory.
  • Schedule a consultation to discuss your situation, get advice, and understand your options for resolving your contract matters effectively.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.