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How are contracts enforced in North Carolina?

| May 19, 2020 | Corporate Contract Law |

There’s an old saying that oral contracts are not worth the paper they are printed on. This is why anyone engaged in a commercial transaction in North Carolina will probably want terms in writing. But sometimes a contract is not worth the paper it is printed on either.

  • When would a contract be invalid?

A contract may not hold up in a North Carolina court if one of the parties was the victim of fraud or was otherwise advised incorrectly in an illegal way. There is also a difference between a contract and an agreement, as a contract has more to do with legal liability to fulfill an obligation or face damages.

  • Would any sort of invalid part of a contract invalidate the whole thing?

Not necessarily. North Carolina commercial law includes a clause on severability, which means more or less what it sounds like. If part of a contract is deemed invalid and it has nothing to do with other parts, it may be severed from the whole without the entire contract being invalid.

  • Can someone intentionally confuse a contract?

No. If you’ve ever wondered what a good faith clause is, this is why they exist. A Tar Heel State law from 1965 imposes the obligation of good faith on anyone engaging in commercial trade governed by contracts.

  • How can I get help with business contracts?

An attorney can always help write, read or enforce a contract for a business interest in North Carolina. Legal representation can help protect a business in court proceedings or in its everyday operations.


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