Sources of Law

Tanzania’s legal system is based on the English Common Law system. It derived this system from its
British colonial legacy, as it does the system of government, which is based to a large degree on the
Westminster parliamentary model.

The Constitution
Unlike the unwritten British constitutional system, the first source of law for the United Republic of
Tanzania is the 1977 Constitution. The constitutional history of Tanganyika traces its background
from the 1961 Independence Constitution, which was adopted at the time of independence. In 1962
Tanganyika adopted the Republican Constitution, which operated from 1962 up to 1965. These two
were based on the traditional Lancaster style constitutions negotiated at independence by the British
upon handover of state power to newly independent states. In 1965 Tanganyika adopted an Interim
Constitution while the country awaited a new constitution to be drafted, after it abolished the multi
party political system and adopted a one party state system. The process lingered longer than it was
meant to and thus the constitution lasted from 1965 up to 1977 when a new constitution was adopted
and it has remained applicable to date, with fourteen subsequent amendments.

The Constitution provides for a bill of rights, notwithstanding the fact that it also makes provision for
a number of claw-back clauses. In other words the enjoyment of certain rights and freedoms under the
constitution is not absolute, but it is subject to legal regulation.

The Bill of Rights is found in part three of the first Chapter of the Constitution and the fundamental
rights and freedom are stipulated in article 12 to 24, article 25 to 28 imposes duties on every
individual to duties and obligations to respect the rights of others and society. Article 29 establishes
the obligation of society to every individual.

Article 30 of the Constitution limits the application of these rights subject to law and the under the
due process of law, as the case may be.

The Constitution allows any person to challenge any law or act/omission, which contravenes his or her
right, or the Constitution.

Statutes
The second source of law is the Statutes or Acts of Parliament. The Laws Revisions Act of 1994
Chapter Four of the laws of Tanzania [R.E. 2002,] established that all legislations previously known as
Ordinances, i.e. those which were enacted by the pre independence colonial administration, as Orders
in Council, can now be legally recognized as Acts. These principal legislations, and subsidiary
legislations thereto, are published in the Government Gazette and printed by the Tanzania
Government Printers.

Case Law
The third source is case law. These are cases from the High Court and Court of Appeal which are either
reported or unreported and are be used as precedents, and bind lower courts thereto.

Reported Tanzanian cases are found in the Tanzania Law Reports, High Court Digests and East Africa
Law Reports.
Received Laws
The fourth source is Received Laws established under Section 2.3 of The Judicature and Application
Laws Act, Chapter 358 of the Laws of Tanzania [R.E. 2002] (JALA) these include: Common Law, and
Doctrine of Equity, Statutes of General Application of England, applicable before the 22 of July 1920,
which is deemed to be the Reception date for English Law in Tanzania.

Customary and Islamic Law

The fifth source is the Customary and Islamic law, which are established under section 9 of JALA.
Whereby customary law is in effect only when it does not conflict with statutory law whilst Islamic law
is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to
apply Islamic law to matters of succession in communities that generally follow Islamic law in matters
of personal status and inheritance.

International Law (Treaties and Conventions)

International Laws, that is, Treaties and Conventions, are not self-executing. The Act of Parliament
can apply treaties and conventions to which Tanzania is a party in the Courts in Tanzania only after
ratification

Government Structure
The United Republic of Tanzania is a unitary state based on a multiparty parliamentary democracy. In
1992 the Tanzanian government introduced constitutional reforms permitting the establishment of
opposition political parties.

All matters of state in the United Republic are exercised and controlled by the Government of the
United Republic of Tanzania and the Revolutionary Government of Zanzibar. The Government of The
United Republic of Tanzania has authority over all Union matters in the United Republic, as
stipulated under the Constitution, and it also runs all non union matters on Mainland Tanzania, i.e.
the territory formerly known as Tanganyika. Non-union matters are all those which do not appear in
the Schedule to the Constitution which stipulates the list of Union matters.

The Revolutionary Government of Zanzibar, similarly, has authority on Tanzania Zanzibar, i.e. the
territory composed of the islands of Unguja and Pemba, over all matters, which are not Union
Matters. In this respect the Revolutionary Government of Zanzibar has a separate Executive,
legislature, known as the House of Representatives, and a judicial structure, which functions from the
Primary Court level to the High Court of Zanzibar, which are provided for under the 1984 Constitution
of Zanzibar.

There are three organs for central government of the United Republic of Tanzania: the Executive,
Judiciary and the Legislature. Local Government Authority is exercised through Regional and District
Commissioners

The functions and powers of each of the three organs are laid out in the 1977 Constitution of the
United Republic of Tanzania.

Parliament is established under Chapter Three, the Executive is established under Chapter Two and
the Judiciary under Chapter Five.
The Executive
The Executive of the United Republic comprises of the President, The Vice-President, President of
Zanzibar, the Prime Minister and Cabinet Ministers.

The President of the United Republic is the Head of State, the Head of Government and the
Commander-in-Chief of the Armed Forces.

The President is the Leader of the Executive of the United Republic of Tanzania

The Vice President who is the principal assistant to the President in all matters of the United Republic
is responsible for:

 Following up the daily implementation of Union Matters

 Performing all duties assigned to him by the President
 Performing all duties and functions of the President’s office when the President is out of office
or out of the country.

The Prime Minister of the United Republic is the leader of Government business in the National
Assembly, controls, supervises and executes daily functions and affairs of the Government of the
United Republic, and any other matters the President directs to be done.

The President of Zanzibar is the Head of the Executive for Zanzibar, i.e.; the Revolutionary
Government of Zanzibar and is the Chairman of the Zanzibar Revolutionary Council.

The Cabinet of Ministers, which includes the Prime Minister, is appointed by the President from
among members of the National Assembly. The Government executes its functions through Ministers
led by Cabinet Ministers.

President Jakaya M Kikwete became the current President of the United Republic on the
21st December of 2005 after a historic victory, winning 80.3% of the total votes, and Dr Ali
Mohammed Shein is the Vice President of the United Republic of Tanzania. Dr Shein had previously
served as Vice-President since 5th July 2001, prior to the 2005 General Elections.

Since independence, Tanzania has held peaceful elections. Tanzania was a one-party system of
democracy between 1965, 1970, 1975, 1980, 1985, and 1990; in the first elections, held in 1962, the
ruling party captured all seats hence the de-factoone party state emerged, to be later regularized by
law in 1965.

In 1992, following the constitutional reforms, described herein above, the formation and organization
of political parties is now conducted under the Political Parties Act 1992. About 18 political parties
have been registered since then and multiparty general elections were held under the new multiparty
system in 1995, 2000, and 2005.

The Legislature
The Legislature, or the Parliament of the United Republic of Tanzania, consists of two parts, i.e. the
President and the National Assembly. The President exercises authority vested in him by the
Constitution to assent to bills by Parliament in order to complete the enactment process before they
become law.

The National Assembly, which is the principal legislative organ of the United Republic, has authority
on behalf of the people to oversee and the accountability of the Government of the United Republic
and all its organs of their particular duties.

The Parliament is headed by the Speaker, who is assisted by the Deputy Speaker, and the Clerk as the
head of the Secretariat of the National Assembly. The National Assembly also has various standing
Committees to support in its various functions. The National Assembly of Tanzania is constituted by
one chamber, with members elected form various constituencies across mainland Tanzania and
Zanzibar. Under the Constitution, women’s representation is provided for as a special category, in
order to increase the participation of women in national politics. Elections are supervised by the
National Electoral Commission which is established under the Constitution.

The Judiciary

Judicial System of Mainland Tanzania

The legal system of Tanzania is largely based on common law, as stated previously, but is also
accommodates Islamic or customary laws, the latter sources of law being called upon called upon in
personal or family matters.

The judiciary is formed by the various courts of judicature and is independent of the government.
Tanzania adheres to and respects the constitutional principles of separation of powers. The
Constitutional makes provision for the establishment of an independent judiciary, and the respect for
the principles of the rule of law, human rights and good governance.

The Judiciary in Tanzania can be illustrated as follows. The Judiciary in Tanzania has four tiers: The
Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania and
Tanzania Zanzibar, Magistrates Courts, which are at two levels, i.e. the Resident Magistrate Courts
and the District Court, both of which have concurrent jurisdiction. Primary Courts are the lowest in
the judicial hierarchy.

The Judiciary in Tanzania can be illustrated as follows. The Judiciary in Tanzania has four tiers: The
Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania,
Magistrates Courts, which are at two levels, i.e. the Resident Magistrate Courts and the District Court,
both of which have concurrent jurisdiction. Primary Courts are the lowest in the judicial hierarchy.
Court of Appeal

High Court of Tanzania

Resident Magistrates Courts – District Courts

Primary Courts
Court of Appeal: The Court of Appeal of Tanzania, established under Article 108 of the
Constitution, is the highest Court in the hierarchy of judiciary in Tanzania. It consists of the Chief
Justice and other Justices of Appeal. The Court of Appeal of Tanzania is the court of final appeal at the
apex of the judiciary in Tanzania. The High Court of Tanzania (for mainland Tanzania) and the High
Court of Zanzibar are courts of unlimited original jurisdiction and appeals there from go to the Court
of Appeal.
High Courts: The High Court of Tanzania was established under Article 107 of the Constitution and
it has unlimited original jurisdiction to entertain all types of cases. The High Courts exercise original
jurisdiction on matters of a constitutional nature and have powers to entertain election petitions. The
High Court’s Main Registry (which includes the sub-registries) caters for all civil and criminal matters.
The High Court (mainland Tanzania) has established 14 sub Registries in different zone of the
country. It also has three specialized divisions, the Commercial Division, Labour Division and the
Land Division. All appeals from subordinate courts go to the High Court of Tanzania. Matters at the
High Courts are adjudicated by judges.
Subordinate Courts: These include the Resident Magistrate Courts and the District Courts, which
both enjoy concurrent jurisdiction. These courts are established under the Magistrate Courts Act of
1984. The District Courts, unlike the Resident Magistrates Courts, are found throughout all the
districts in Tanzania (the local government unit). They receive appeals from the Primary Courts,
several of which will be found in one district. The resident magistrates Courts are located in major
towns, municipalities and cities, which serve as the regional (provincial) headquarters. Matters at the
Resident Magistrate Courts and District Courts are being adjudicated by Magistrates
Primary Courts: The primary courts are the lowest courts in the hierarchy and are established
under the Magistrates Courts Act of 1984. They deal with criminal cases and civil cases. Civil cases on
property and family law matters which apply customary law and Islamic law must be initiated at the
level of the Primary Court, where the Magistrates sits with at least two assessors (the jury system does
not apply in Tanzania).
Tribunals: These are specialized tribunals, which form part of the judicial structure. These for
example include the District Land and Housing Tribunal, Tax Tribunal and the Tax Appeals Tribunal,
Labour Reconciliation Board, the Tanzania Industrial Court, Trade and Service Marks Tribunal and
Fair Competition Tribunal. A party who feels dissatisfied with any decision of the Tribunals may refer
the same to the High Court for judicial review.
Court Martial and Court Martial Appeal Court: These two Courts are established under the
National Defence Act, they apply only to the military for offences committed in the course of their duty
(service offences). The Court Martial is presided over by military officers, whereas Court Martial
Appeal Court consists of a full bench of High Court Judges. It hears appeals from the Court Martial
and its decisions are final and binding without any further appeal.
Juvenile Courts: These Courts are established under the Children and Young Person Act Cap 13 and
Children Act of 2010. The proceedings are conducted in camera. They are presided by the District
Magistrate.
3.3.2. Judicial System of the Revolutionary Government of Zanzibar
The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar, as is the case
for the High Court on mainland Tanzania.The Zanzibar court system is quite similar to the Tanzania
mainland system, except that Zanzibar retains Islamic courts. These adjudicate Muslim family cases
such as divorces, child custody and inheritance.
The structure of the Zanzibar legal system is as follows:
Court of Appeal of United Republic of Tanzania

High Court of Zanzibar

Magistrate Court ↔ Kadhi’s Appeal Courts

↑ ↑
 Primary Courts Kadhi’s Court

Court of Appeal of United Republic of Tanzania: The Court of Appeal of United Republic of
Tanzania handles all matters from the High Court of Zanzibar.
High Court: The High Court of Zanzibar is structured with the same structure as the High Court of
Tanzania Mainland and it handles all appeals from the lower subordinate courts including appeals
from Kadhi’s Appeal Court. The High Court of Zanzibar decisions are final for appeals from the
Kadhi’s Appeal Court. The High Court of Zanzibar is headed by the Chief Justice of Zanzibar and other
Judges of High Court.
Magistrate’s Court: These Courts have jurisdiction to entertain cases of different nature, except for
cases under Islamic law, which they have no jurisdiction to try which are tried in the Kadhi’s courts.
Kadhi’s Appeal Court: The main role of the Kadhi’s Appeal Court of Zanzibar is to hear all appeals
from the Kadhi’s court, which adjudicates on Islamic law.
Kadhi’s Courts: These are the lowest courts in Zanzibar which have adjudicate all Islamic family
matters such as divorce, distribution of matrimonial assets, custody of children and inheritance but
only with Muslim families.
Primary Courts: These have the same rank as the Kadhi’s Courts, and they deal with criminal and
civil cases of customary nature.
Original jurisdiction is the right of a court to hear a case for the first time. It can be
distinguished from appellate jurisdiction which is the right of a court to review a
case that has already been heard and decided upon by a lower court.
Law is a system of rules created and enforced through social or governmental institutions to regulate
behavior, with its precise definition a matter of longstanding debate. It has been variously described as a
science and the art of justice.

CLASSIFICATIONS OF LAW
The classifications of law are the different categories into which all
areas of law can be collated. A particular classification of law
encompasses all types of law but it distributes them according to a
particular unique characteristic.

The following are the major classifications of law:

1. Public and Private Law

2. Civil Law and Criminal Law
3. Substantive and Procedural Law
4. Municipal and International Law
5. Written and Unwritten Law
6. Common Law and Equity
1. Public and Private Law: Public Law can be defined as that
aspect of Law that deals with the relationship between the state, its
citizens, and other states. It is one that governs the relationship
between a higher party — the state — and a lower one, the citizens.
Examples of public law include Constitutional Law, Administrative
Law, Criminal Law, International Law and so on.
Private law, on the other hand, is that category of the law that
concerns itself with the relationship amongst private citizens.
Examples include the Law of Torts, the Law of Contract, the Law of
Trust and so on.

2. Civil Law and Criminal Law: Civil law in this regard can be
defined as the aspect of Law that deals with the relationship
between citizens and provides means for remedies if the right of a
citizen is breached. Examples of civil law include the Law of
Contract, the Law of Torts, Family Law etc.

Criminal Law, on the other hand, can be referred to as that aspect of

Law that regulates crime in the society. It punishes acts which are
considered harmful to the society at large. An example of criminal
law is the Criminal Code Act which is applicable in the Southern
part of Nigeria.

When treating a criminal case, the standard of proof to be used is

proof beyond reasonable doubt; S.135 Evidence Act 2011. Also,
the burden of proof does not shift from the prosecution. What this
means is that before a conviction can be gotten, the state has to
prove the commission of the crime to be beyond reasonable doubt.

On the other hand, in civil cases, the standard of proof is on the

balance of probabilities; S.134 Evidence Act 2011. Also, the
burden of proof shifts between both parties when they need to
establish their case. Judgement normally goes in favour of the
particular party that has been able to prove its case more
successfully.

3. Substantive and Procedural Law: Substantive Law is the

main body of the law dealing with a particular area of law. For
example, the substantive law in relation to Criminal Law includes
the Criminal Code Act and the Penal Code Act.

Procedural law, on the other hand, is law in that deals with the
process which the courts must follow in order to enforce the
substantive law. Examples include the rules of the various courts
and the Administration of Criminal Justice Act 2015, which
is the procedural law in relation to the Criminal Code Act and
the Penal Code Act.

4. Municipal/Domestic and International

Law: Municipal/Domestic law is the aspect of law which emanates
from and has effect on members of a specific state. An example of a
municipal Nigerian law is the Constitution of the Federal
Republic of Nigeria 1999(as amended) which applies in only
Nigeria.

International law, on the other hand, is the law between countries.

It regulates the relationship between different independent
countries and is usually in the form of treaties, international
customs etc. Examples of International law include the Universal
Declaration of Human Rights and the African Charter on
Human and People’s Rights.

It should be noted that according to the provision of S.12 of

the 1999 Constitution (as amended) International treaties
cannot have the force of law in Nigeria except they are enacted by
the Nigerian National Assembly.

5. Written and Unwritten Law: A law would not be regarded as

written just because it is written down in a document. Written laws
are those laws that have been validly enacted by the legislature of a
country.

Unwritten laws, on the other hand, are those laws that are not
enacted by the legislature. They include both customary and case
law. Customary Law as part of its basic characteristic is generally
unwritten. Case law, though written down in a documentary format,
would be regarded as unwritten law based on the fact that it is not
enacted by the legislature.

An example of this is the good neighbour principle established in

the case of Donoghue vs. Stevenson. The principle posits that
manufacturers of products should take utmost care in their
manufacturing activities to ensure that the consumption of their
product doesn’t result in harm to the consumer. This principle is
not enacted in a statute but is a case law which is applicable in
Nigerian Courts.

6. Common Law and Equity: In the legal sense, the

term common law means the law developed by the old common law
courts of the King’s Bench, the Courts of Common Pleas and the
Courts of Exchequer.

The English common law is regarded as such because it is law

common to all parts of England. It grew over time from the
practices, customs and way of life of the people. It is largely
unwritten. The first common law judge was the King himself. People
who had disputes usually brought them to the King to settle them.

However, due to matters of state, the king didn’t have time to settle
all cases. As a result of this, the king appointed members of his
court who were to settle disputes in his stead. These judges had the
authority of the king and any disobedience to them was treated as
disobedience to the king and punishment was swift.

These different judges travelled the length and breadth of the realm
to settle disputes. When they got to a particular location, they
applied the customary law in that location in order to settle
disputes. Regularly, these different itinerant judges would come
together to compare the different customary laws they encountered
on their travels.

They discarded customs that were thought to be insensible and

accepted those which were sensible. This led to the conglomeration
of different customs which were then applied all through the realm.
This then metamorphosed into the common law of England.

However, the common law was

Important of law

2 Laws provide access to justice

If it’s against the law to punch someone in the face, someone who gets punched can
do something about it other than simply swinging back. In a perfect world, justice is
equal. It doesn’t matter who got punched or who did the punching. What matters is
that the law against punching was broken. Everyone in a society – and not just a
privileged few – must have equal access to justice through the law.

#3 Laws keep everyone safe

Laws don’t only respond to injustices and harm. They work to prevent
them. Food safety laws are a prime example. In the past, the food industry was
horrendously unregulated. In the 18th and 19th centuries, American food producers
went to extreme measures in their quest for profit. They watered down milk and
stirred in materials like chalk for color. They mixed dirt into coffee, tea, and spices
and added lead to beer and wine. In 1906, President Roosevelt and Congress
passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This
marked the beginning of modern food safety and monitoring. Today, food safety laws
protect the public from potentially
7 Laws are important to maintain peace
Earlier in this article, we touched on how law is essentially about mitigating conflict.
That makes law essential to maintaining peace. This is because injustice fuels
conflict. If destructive behaviors are allowed to flourish without remedy, people will
suffer and become dissatisfied with their government. If justice is applied unequally,
this also fans the flames of conflict. For the sake of peace, societies need to
strengthen their rule of law and ensure that it’s fair.

#8 Laws are important for social progress

We’ve discussed how legal systems should adapt and evolve with the times. If laws
remained stagnant, so would societies. Throughout history, law has been employed
as a tool for social change. It was laws that made slavery, segregation, and
apartheid illegal. Laws prevent people from getting fired from their jobs because of
who they marry or because of a disability. The concept of law as a mechanism for
social change is complicated because if the majority of a community doesn’t agree
with the law, it’s likely that the law won’t be enforced. However, having a law on the
books gives people more power than if the law didn’t exist at all. It’s an important
step (though not necessarily the final step) to real social change.

#9 Laws make human rights a reality

Supreme Court Justice Sonia Sotomayor once said, “I firmly believe in the rule of law
as the foundation for all our basic rights.” Basic rights are the human rights that
everyone is entitled to. This includes the right to life, the right to marry, the right to be
free from discrimination, and more. These are listed in the Universal Declaration of
Human Rights, but that document is not legally binding. To make human rights a
reality, they have to be protected through laws. Without law, human rights would be
an abstract concept. If you would like to learn more about human rights, consider
studying a masters.
8.2 Sources of Contract Law

LEARNING OBJECTIVES

1. Understand that contract law comes from two sources: judges (cases) and
legislation.
2. Know what the Restatement of Contracts is.
3. Recognize the Convention on Contracts for the International Sale of Goods.

The most important sources of contract law are state case law and state statutes (though there are

also many federal statutes governing how contracts are made by and with the federal

government).

Case Law
Law made by judges is called case law. Because contract law was made up in the
common-law courtroom by individual judges as they applied rules to resolve disputes
before them, it grew over time to formidable proportions. By the early twentieth
century, tens of thousands of contract disputes had been submitted to the courts for
resolution, and the published opinions, if collected in one place, would have filled
dozens of bookshelves. Clearly this mass of material was too unwieldy for efficient
use. A similar problem also had developed in the other leading branches of the
common law.

Disturbed by the profusion of cases and the resulting uncertainty of the law, a group
of prominent American judges, lawyers, and law teachers founded the American Law
Institute (ALI) in 1923 to attempt to clarify, simplify, and improve the law. One of the
ALI’s first projects, and ultimately one of its most successful, was the drafting of
the Restatement of the Law of Contracts, completed in 1932. A revision—the
Restatement (Second) of Contracts—was undertaken in 1964 and completed in 1979.
Hereafter, references to “the Restatement” pertain to the Restatement (Second) of
Contracts.

The Restatements—others exist in the fields of torts, agency, conflicts of laws,

judgments, property, restitution, security, and trusts—are detailed analyses of the
decided cases in each field. These analyses are made with an eye to discerning the
various principles that have emerged from the courts, and to the maximum extent
possible, the Restatements declare the law as the courts have determined it to be.
The Restatements, guided by a reporter (the director of the project) and a staff of
legal scholars, go through several so-called tentative drafts—sometimes as many as
fifteen or twenty—and are screened by various committees within the ALI before they
are eventually published as final documents.

The Restatement (Second) of Contracts won prompt respect in the courts and has
been cited in innumerable cases. The Restatements are not authoritative, in the sense
that they are not actual judicial precedents; but they are nevertheless weighty
interpretive texts, and judges frequently look to them for guidance. They are as close
to “black letter” rules of law as exist anywhere in the American common-law legal
system.

Common law, case law (the terms are synonymous), governs contracts for the sale of
real estate and services. “Services” refer to acts or deeds (like plumbing, drafting
documents, driving a car) as opposed to the sale of property.
Statutory Law: The Uniform Commercial Code
Common-law contract principles govern contracts for real estate and services.
Because of the historical development of the English legal system, contracts for the
sale of goods came to be governed by a different body of legal rules. In its modern
American manifestation, that body of rules is an important statute: the Uniform
Commercial Code (UCC), especially Article 2, which deals with the sale of goods.
History of the UCC
A bit of history is in order. Before the UCC was written, commercial law varied,
sometimes greatly, from state to state. This first proved a nuisance and then a serious
impediment to business as the American economy became nationwide during the
twentieth century. Although there had been some uniform laws concerned with
commercial deals—including the Uniform
Essential Elements of a Contract
In order for a contract to be legally binding, it must contain several essential
elements. The contract must include an offer, acceptance, and consideration. The
offer provides something of value from one party to the other and must be clear
and concise. Consideration is a legal term that means one party provides something
in exchange for something from the other party. In most cases, one party provides
goods or services in exchange for monetary payment. Both parties must accept the
contract, which shows that they had a meeting of minds regarding the issues of the
transaction.
Remedies for Breach of Contract
In Wisconsin, both parties to a contract are expected to utilize good faith and fair
dealing, which is implied in all legal contracts. Both parties have an obligation and
responsibility to fulfill their part of the bargain. A contract should include details
for how parties are to handle a breach. When one party fails to perform their
obligations as part of the contract, the other party has the right to seek a remedy.
Often, a remedy may be to seek monetary damages, although it may also include a
specific performance. Some contracts require parties to participate in specific
actions such as mediation or arbitration.

Ensure Legally Binding Contracts

Whenever you enter into an agreement, it is best to formalize it with a written
contract. Although verbal contracts can be enforced, it is always best to protect
yourself with a written document. Avoid template contracts because they may not
address all of the necessary concerns and might not protect you in case of a
problem. If you are presented with a contract to sign, review it thoroughly before
you agree. Remember that you can request changes if the contract does not provide
you with adequate protections. Never sign a contract until your attorney has had
time to review the document. When you are entering into an agreement with
another party, your attorney will draft a fair and legally binding contract document
that you can sign with confidence.

What to Do About a Breach of Contract

When someone fails to do what they were supposed to do as part of a contract, you
have some options. Review the document to determine the path that is available. In
some cases, you simply want the other party to finish the work they promised. If
the other party fails to complete their part of the contract, you may want to cancel
the contract and get your money back. Know your exposure before you enter into a
contract or provide payment or partial payment for services. Consult an attorney to
find out what your options are in the case of a breach. If the other party fails to
comply, you may need to take legal action.