Practice Areas

Contracts and Obligations

  • Review and/or draft contracts or agreements
  • Assess contract vulnerability, responsibilities and/or obligations of parties
  • Troubleshoot and/or recommend plan of action for termination, renewal and/or breach

Contract Review Services in The Philippines

Contracts are very important tools in any transaction but they are not an end in themselves. A well-crafted contract will not mean anything if it leaves out important provisions or details that would have protected the person’s or the company’s interests.

We at Duran & Duran-Schulze emphasize the need for well-executed contracts with terms and conditions that would adequately protect our clients’ interests without getting in the way of a profitable transaction.

While a bad contract may not always end in a lawsuit, it can pave the way for unsatisfactory business deals or low-quality services.

Law on Obligations and Contracts

To ensure your rights are protected in contracts, we offer our expertise in the following:

  • Review and/or draft contracts or agreements
  • Assess contract vulnerability, responsibilities and/or obligations of parties
  • Troubleshoot and/or recommend plan of action for termination, renewal and/or breach

Reviewing and Drafting Contracts

Before signing on the dotted line, you first have to make sure you understand everything above it.

With our experience and legal knowledge, we can go through a contract and identify potential sources of problems. We draw from our first-hand legal encounters to recognize contract provisions or omissions which could limit our clients’ rights.

We apply the same meticulous attention to detail in drafting contracts. Contracts are meant to protect all parties involved so any missed information, circumstance or provision may have costly results.

Additionally, while standard terms and conditions make contract drafting more expedient, the company should be able to customize where necessary.

Reviewing Contracts for Enforcement

We can review existing contracts for the effects of the terms, or for any implied meaning or consequence of contract terms. We shall also look into avenues that might allow an existing contract to be modified to improve your negotiating position or the transaction’s potential outcome.

Certain conditions, known as contract defenses, could be summoned to void a contract or parts of it. Contract defenses include:

  • mutual mistake of fact – an important basis of the contract was found later on to be erroneous
  • misrepresentation – involves dishonesty during bargaining, including issuing a false statement of fact, omitting important information, or deliberately concealing a fact
  • unconscionability – involves unfair elements during the bargaining and contract forming stage, unduly favoring the stronger party

You may find the need to apply contract defenses or to defend against these contract defenses.

Additionally, you might want to exercise certain contract terms but are unsure on how to go about this. We shall review the contract and provide proper advice on this matter.

We can also explore rights that may not be overtly stated but implied by the contract’s terms.

Contract Termination or Breach

We offer our services in reviewing instances of contract termination or breach to determine liability. Some contracts may imply the right to terminate but this right might not be exercisable.

Additionally, we can offer advice on how to avoid a contract breach, such as posting bonds or conducting audits. If a breach or an impending breach is involved, we shall look into the most expedient, just and inexpensive way to settle the dispute, including arbitration and mediation. If a case goes to court, we will act as your representatives and make sure your rights and interests are upheld.