Lawyer for Civil & Contract Law in Lüneburg
Interpretation and enforcement or defence of claims arising from your contracts
“A handshake agreement is binding”, this sentence correctly states that contracts can also be agreed verbally, but in most cases it is advisable to state in writing what the deal is about and who is to give what for whom, the so-called essentialia negotii or even contract contents.
Also the sentence “money and friendship don’t mix” has brought it to sad fame.
Ideally, a contract regulates the points which are important to the parties, which problems could arise in the execution of the contract (for example in the event of delayed delivery, poor performance, warranty) and what should happen if a partner no longer wishes to be bound by the contract (withdrawal, revocation, termination or even contestation of the contract).
I support you in the preparation of contracts, the review of contract contents, in particular the General Terms and Conditions, the so-called GTC and will be happy to advise you in the enforcement or rescission of contracts.
Especially the General Terms and Conditions are a part of the contract design in which careful processing pays off: Violation of the regulations regarding the GTC threatens the invalidity of the entire contract.
A properly worked out contract is the best protection for your own legal position. And often saves money in business.
If something is unclear or ambiguous in the existing set of rules, it is helpful to recognize the various interpretation options, to weigh them up and to propagate the most attractive variant in each case.
Another advantage of a comprehensive and prudent contract is the fact that misunderstandings between the contracting parties are avoided. This also reduces the risk of costly litigation.
Another obstacle that can hardly be overcome without legal advice is the rather confusing jurisdiction on contracts for work and services and warranty law.
If a legal dispute becomes unavoidable, it is urgently advisable to weigh the costs and the risk of litigation against the contractually disputed claims. Here, too, a clear wording in the contract is always desirable and rarely available.
As a litigator, I represent you in court and, in addition to the legal possibilities, keep an eye on the economic context.
In many cases, the actual circumstances make it difficult to enforce a contract.
For example, if the customer simply does not pay.
The enforcement of payment claims, including claims for fees, e.g. for medical or therapeutic services or dunning proceedings, are among the fields of activity of lawyers in civil and contract law.
“The customer is king” – this oft-quoted phrase is unfortunately losing its validity more and more often these days. Business deals are concluded quickly and supposedly in a consumer-friendly manner at the click of a mouse online.
The balance of power between companies and individual consumers is often unbalanced. This can quickly become costly for consumers who lack knowledge of their consumer rights. Often, consumers do not even know that a continuing obligation (“subscription trap“) has been entered into, that there is a right of revocation, and that, since recently, even contracts with a minimum term can be terminated under certain circumstances with the expiration of only one month.
Consumer transactions, especially distance contracts, are subject to special consumer protection rules, which are often not sufficiently observed.
The consumer is then usually left with the short end of the stick. In particular, the legal field of the revocation instruction is not only a frequently with partly gross errors afflicted, it offers even after expiration of a revocation period often chances of a resignation from the contract.
The same applies to overly optimistic exclusions of some entrepreneurs of certain goods from the revocation, which, however, the consumer actually does not have to accept without contradiction.
For some years now, I have been working as a fee-based attorney for the Verbraucherzentrale Niedersachsen (Consumer Center of Lower Saxony) in Lüneburg.
Consumers thus find experienced and competent support in all matters of consumer law with attorney Susanne Post in Lüneburg.
Settlement of ancillary costs, notices of termination, defects of the rented object, etc.
Interpretation and enforcement or defence of claims arising from your contracts
Accident regulation, red light offences, speed offences, alcohol driving etc.