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Musgrove and Smith Law

599 Highland Colony Parkway
Suite 110
Ridgeland, MS 39157

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(601) 871-3377

Musgrove and Smith Law

In today’s world, arbitration and mediation are included in an overwhelming number of contracts. Arbitration can be binding, so you give up your right to go to court and have a judge or jury decide issues, you would be bound by an arbitrator hearing both sides and weighing all of the evidence concerning the dispute, then making a decision. Most businesses feel like that is a much more economical way in which to do business. However, many people and a lot of lawyers feel that a person is entitled to a day in court, if there is a dispute on an issue. Most contracts and applications with banks, car dealers, purchasers of products contain arbitration clauses.

Mediation is used as a non-binding way to see if the parties can resolve their differences. For both sides to hear a well-respected lawyer, as a mediator, conveying to each side that they are strong or weak in their respective position lets people have a third-party view of their chances of prevailing. If either party or both parties do not like the mediation, they can walk away. On the other hand, if they feel like the mediator has done a good job of setting out the issues and streamlining problems to allow the parties to move forward, they can choose to accept the mediation and forego court.

If the parties cannot agree to mediation and there are no binding arbitration agreements that cover certain areas, then they can file suit in a court of competent jurisdiction. Mississippi has circuit courts for legal issues and chancery courts for equitable issues. If you are looking to enforce the provisions of a contract, (of specific performance) generally speaking, that is under equitable provisions, so you would go to a chancery court. If there are money damages you are seeking, then you would choose to go to circuit court, where the issues would be tried by a jury. In chancery court, you only have a chancellor and the chancellor would decide the issues, much like mediation. However, the chancellor’s rulings are final and subject to appeal to the State Court of Appeals or Supreme Court.

What Should I Do If Someone Committed Fraud Or Misrepresentation In Creating A Contract?

If you feel fraud has occurred, you need to put the other side on notice of what is wrong and give them an opportunity to address the issue. Mississippi provides a Consumer Protection Act (MCA 75-24-1); if you are a consumer or a part of a contractual issue (for some household goods) and there has either been fraud or unfair dealings by the other side, you could go to the Attorney General of Mississippi. The Attorney General has a mechanism by which he or she can bring both parties in and try to resolve the issue. If not, then you could file suit in Mississippi, alleging a deceptive or unfair act or fraud in the procurement. If a judge agrees with you, then you would be entitled to equitable relief, relief under the contract and costs. If you don’t choose to go that way, then you could file suit for breach of contract based on fraud in a court of competent jurisdiction.

I Entered Into An Agreement Online And Did Not Sign A Proper Contract. Where Does That Leave Me In Terms Of Validity Of The Agreement?

In Mississippi, with the exception of contracts to purchase land and a few other specific areas which require a written agreement, oral contracts are enforceable like a written contract. Many times, an exchange over email is considered an oral contract. That is enforceable just as a contract signed in writing. One of the things that generally is not provided for in oral agreements is attorney fees and the cost of collection or cost of enforcement. If the contract does not provide for that, then a party cannot recover those costs. Even if you do not sign a contract, if there is a meeting of the minds and an oral contract that is authenticated, verified, or bolstered by email, then you would be obligated to perform under the contract.

For more information on Remedies Available For Contract Disputes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (601) 871-3377 today.

Musgrove and Smith Law

Call Now For A Case Evaluation
(601) 871-3377

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