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ABA Family Legal Guide

Contracts and Consumer Law

Recognizing what constitutes a contract is key to understanding many legal questions. Very often a dispute centers not on whether someone has violated a contract, but whether a contract existed in the first place. Other disputes center on whether a change in circumstances has made a contract unenforceable.

This chapter will explain what contracts are and how they are created. It focuses on contracts common in daily life such as leases and warranties and highlights issues of interest to consumers. It will also provide information on consumer protections in such areas as advertising, door-to-door sales, telemarketing, and travel.

Lastly, it will explain what you can do when things go wrong, whether the problem is breach of a term of a contract, or a company liquidating before sending you goods for which you've paid. A final section includes information on how courts resolve contract disputes.

These sections merely scratch the surface of this highly complex area of law. The chapter will not deal in detail with the millions of contracts made every day between merchants and other businesses, or investment-related contractual relationships. While many common contracts don't require the services of a lawyer, be aware of when legal assistance may help you to avoid serious problems in the future.

  1. Introduction to Contracts
    1. A Contract Defined
    2. Limits to a Contract
    3. Changing Situations
  2. Types of Contracts
    1. Practical Contracts
    2. Leases and Surety Contracts
    3. Warranties
  3. Special Consumer Protections
    1. Advertising
    2. Telemarketing
    3. Door-to-Door Sales
    4. Buying by Mail
    5. Time-Shares
    6. Pets
    7. Home and Home Appliance Repair and Improvements
    8. Buying Clubs
    9. Funeral Homes
    10. Travel
  4. When Things Go Wrong
    1. Breach of Contract
    2. Remedies for Breach of Contract
    3. Stopping Payment
    4. Dealing with Failing or Failed Companies
    5. Lawsuits as Remedies
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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