What matters to juries. Questions, biases, damages. Free 45-page PDF.
www.JamesPublishing.com/Breach
12 Lawyers Are Online! Ask a Question, Get an Answer ASAP.
Law.JustAnswer.com
Discuss Massachusetts Laws in our Massachusetts Law Forum today!
IsItLegalTo.com/Massachusetts-Law /
Massachusetts contract law is an exchange of promises that is enforceable by law. Massachusetts contract law education and training includes a broad range of issues, such as the sale of property, the terms of employment or the settlement of a dispute.
Massachusetts law contracts state allows both written and oral contracts. A written contract may be required when making a large purchase such as a car or house, while a smaller purchase like a book may be considered an oral contract. A contract typically requires the following three elements in order to be enforceable:
- Mutual consent. Massachusetts contract laws requires that the parties agree on what the contract covers.
- Mutual consideration. The parties must exchange something of value. A contract may not be enforceable if a party is already obligated to provide the consideration or if the consideration is essentially worthless.
- Offer and acceptance. The contract contains an offer from one party that is accepted by the other party. A counter-offer is not an acceptance and is typically considered to be a rejection of the offer.
Action Steps
The best contacts and resources to help you get it done
Attend a law school that specializes in training Massachusetts contract law attorneys
There are a variety of universities in Massachusetts that provide a concentration in commercial law or business law, which typically includes coursework on Massachusetts contract law.
I recommend: Boston College Law School includes a thorough education in contract law as part of its J.D. program. Harvard Law School offers business law as a program of study, which includes coursework in contract law.
Obtain Continuing Legal Education (CLE) for a Massachusetts contract law attorney
Massachusetts requires attorneys to stay current on changes in the law through CLE courses. There are a variety of education and training programs in Massachusetts that provide CLE credit in contract law.
I recommend: Massachusetts Continuing Legal Education provides a complete calendar of upcoming CLE courses on business law in Massachusetts. The Massachusetts Bar Association has courses in business contract law that offer CLE credit in Massachusetts.
Learn through professional training opportunities on Massachusetts contract law practices
Conferences, seminars and workshops are excellent methods for Massachusetts contract lawyers to improve their knowledge of the law. This training is typically provided by professional associations, Massachusetts contract law firms or dedicated providers of legal training.
I recommend: The Boston Bar Association hosts a variety of events on contract law in Massachusetts such as wage and hour litigation. Boyd and Boyd holds periodic seminars on the contract laws regarding estate planning in Massachusetts.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Massachusetts contract law lawyers should join professional organizations that are dedicated to the practice of contract law in MA. These associations provide a number of resources essential for the practicing contract law attorney, including contact information for important courts, assistance with meeting CLE requirements and links to the recent contract law rulings.
Massachusetts contract law helps protect business owners entering into agreements with suppliers and contractors. Contract law in Massachusetts helps keep boundaries between companies clear and working relationships positive.
Massachusetts contract law attorneys make it their business to protect yours. Having the right contract law attorney in Massachusetts keeps business owners aware of their rights and responsibilities. Without a contract law attorney in Massachusetts, the terms of your agreement may not be as clear as you need them to be.
Contract law in Massachusetts allows businesses to agree on terms beneficial to both parties. With the right contract law in Massachusetts, businesses grow in both size and profitability. Quality contract law in Massachusetts helps reduce the need to go to court. When clearly written, Massachusetts contract law will:
1. Protect business owners from lawsuits between parties according to Massachusetts law contracts.
2. Provide clear guidelines between businesses and their contractors.
3. Help business owners maintain good relationships between themselves and their contractors.
4. Eliminate the need for court appearances and costly lawsuits related to contract laws in Massachusetts.
Action Steps
The best contacts and resources to help you get it done
Work with an experienced Massachusetts contract law practice
Not all attorneys specialize in contract law. Finding Massachusetts contract law firms who know contract law well is the first step to getting quality contracts.
I recommend: Baker, Braverman & Barbadoro, P.C. of Braintree and Morrison Mahoney LLP of Boston provide expert service in all areas of corporate law including contracts.
Understand how the independent contractor relationship works under Massachusetts contract law
More and more large companies enlist the services of independent contractors during times when business is heavy. Even independent contractors need the services of a quality legal team. Large companies who provide contractor services have the right legal team behind them to make sure you're getting what you pay for.
I recommend: The IRS website provides working definitions of what constitutes a contractor relationship for federal tax purposes. Nolo is a legal resource that further explains the difference between employees and independent contractors and their relationship under state contract laws.
Get a basic working knowledge of Massachusetts contract law before entering into service contracts
It pays to have a basic understanding of some of your rights under Massachusetts state contract law before visiting your contract law attorney. Good information helps you ask the right questions and understand some of the terms the attorney might use.
I recommend: FindLaw provides some basic information about contract law for the business owner or independent contractor. Lawyers.com offers message boards so you can receive feedback almost instantly.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Stay away from pre-printed contracts you might find on the Internet. Massachusetts contract laws are highly specialized and having qualified legal counsel is priceless when entering into any contract.
- • Don't ever sign a contract until you completely understand the terms of the agreement. Contract law in the state of Massachusetts means contracts are legally binding and difficult to break once signed.
Contracts are an integral part of day-to-day living. They control all written—and sometimes verbal—agreements between individuals and businesses. These legal documents identify the terms of employment, settle a disagreement, establish ownership and outline the conditions for selling goods or property. Massachusetts contract law safeguards businesses who enlist in agreements with suppliers or service providers. Before entering into a contract in Massachusetts, you should become familiar with some common legal terms and their meanings.
Action Steps
The best contacts and resources to help you get it done
Statute of frauds
In Massachusetts contract law, a statute of frauds calls for specific contracts to be in writing if they are to be enforced. These documents typically include those to sell, lease or mortgage real estate; contracts that, based on their terms and conditions, cannot be carried out within one year from the date of creation; prenuptial and collateral agreements and those contracts used for selling goods worth more than $500.
I recommend: Samson Law Offices explains the statute of frauds and how it applies to Massachusetts contract law.
Open end contract
In an open-end contract the buyer can purchase goods or services over a period of time without the seller being able to alter the cost or terms and conditions of the agreement.
I recommend: Massachusettscontractlawyers.com gives a more detailed explanation of this term.
Acceptance
Acceptance means just that-accepting or agreeing with a proposal's terms and conditions. Once an offer is accepted, a contract can be drawn up. An employee who agrees to work for established wages is a form of acceptance.
I recommend: DirectoryM.net features more information on acceptance in Massachusetts contract law.
Anticipatory repudiation
Anticipatory repudiation is a breach of contract that happens when one party explicitly proclaims they do not intend to hold up their part of the contract. In such cases, the other party may decide to terminate the contract and sue for damages for the anticipatory repudiation.
I recommend: Mass.gov defines anticipatory repudiation in Massachusetts contract law.
Breach of contract
In simple terms breach of contract means going back on your word without a lawful reason whether it be a verbal or written agreement. Not completing a job, not paying for goods or services in full or on time, not delivering a complete order or using lesser or different items are considered breach of contract.
I recommend: Learn about breach of contract in Massachusetts law by visiting Rudolph Friedmann LLP.
Condition precedent
A condition precedent is an inferred or specific condition of a contract that defers that contract from taking effect until certain events or actions take place.
I recommend: Books.google.com provides more information on condition precedent in Massachusetts contract law.
Attorneys in Massachusetts have good reason to stay informed on Massachusetts contract law news and trends. Attorneys need to keep track of current forms and procedures in Massachusetts contract law. A court can also make a new ruling in cases involving contract law, which can affect the way these attorneys do their jobs. Attorneys also may need to stay updated on what the public is saying about contract law, in order to correct any misconceptions they may have.
The best sources of information on news and trends for Massachusetts law contracts may be grouped into the following three categories:
- Government websites on contract law in the state of Massachusetts. These sites are the best source of official news on Massachusetts contract law, such as current procedures or rulings.
- Independent sources of news on Massachusetts contract laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on contract law that do not rely on any particular business or lobby group.
- Contract law attorneys. Legal professionals may be able to provide inside news and information on contract law.
Action Steps
The best contacts and resources to help you get it done
Find state websites with official news and other information on a Massachusetts law contract
Massachusetts government websites are the best places to get the latest news about Massachusetts contract law. A Massachusetts government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to Massachusetts contract law.
I recommend: Massachusetts Trial Court Law Libraries has recent cases on contract law in Massachusetts with respect to unmarried couples. The Massachusetts Bar Association has a recent article on contracts that involve mechanics’ liens.
Examine independent sources of news and trends on Massachusetts contract law
Universities, law libraries and other organizations frequently report on recent court cases and legislative updates on Massachusetts contract law. Individuals also may keep blogs and journals on contract law in Massachusetts.
I recommend: New England Psychologist discusses a case in Massachusetts contract law that involves impaired mental capacity. Worcester Telegram & Gazette is based in Massachusetts and provides a recent article on contract law involving home mortgages.
Find inside news on contract law from Massachusetts contract law firms
Massachusetts contract law attorneys frequently have information on Massachusetts law that is not available elsewhere. These attorneys may publish newsletters or full length articles on a particular aspect of contract law in Massachusetts.
I recommend: Shilepsky O'Connell Hartley provides articles on contract law in Massachusetts, such as "Executive Employment Contracts: A Checklist of Possible Terms." Devine Barrows & Devine offers a FAQ on the role of contracts in starting a small business.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Massachusetts contract laws specify the conditions under which a contract may be enforceable. Generally, a valid contract between party A and party B requires that party A gives something of value to party B, and party B must give something of value to party A. The two parties also must agree on the items of value. Contracts made under duress or coercion are generally unenforceable.

