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Usually you and your business partner (s) will figure it out, but sometimes discussions run high: you almost get into a business conflict. How can you initially prevent such a conflict? How can you stop the conflict if you are almost in it? And what can you do if you can no longer solve it yourself? There you will need to know about the Elements to breach of contract California.
Prevent business conflict
it is important to think carefully about everything beforehand, a few tips when entering into a business relationship and how to avoid conflicts:
- Make as many clear agreements as possible and record them, so that you can look back together later to see what you have agreed. For defenses to breach of implied covenant and fair dealings you need to consider wisely.
- And yes, point 1 also applies, or actually, especially when you have family (or friends) as a business partner. Sit together beforehand to make clear agreements, divide responsibilities (and accept them!) So that no misunderstandings can arise later.
- Have contracts reviewed legally: Even if you start a business relationship with good intentions, annoying conflicts can sometimes arise because a contract is not legally correct. A lawyer can often also advise on risks and pitfalls that you had not thought of.
Do not forget the general terms and conditions and have them legally checked: The general terms and conditions are often the basis of business conflicts. So make sure they are always available and given at the right times and are legally correct. Otherwise, the judge may declare it null and void during a dispute.
Have a conversation
Have you already passed the above points? And are you (almost) in a business conflict? Then try to start a conversation. Some tips for such a conversation:
Schedule such a conversation quickly: don’t put it off. When you postpone a conversation, the conflict will only increase. So suspect the start of a conflict, hit the brakes and start a conversation right away.
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Give short, clear your position (s) again, and give others the chance to do this with both parties listen to each other. You can prepare your position for the conversation, and possibly practice with someone else. Also indicate this to the other person so that you both come prepared for the conversation.
Look to the future, try to see how it can be solved for the future. In general, weighing up all the reproaches from the past never provides a good solution.
Ask a neutral person to sit in such a conversation who can support you in keeping the conversation solution-oriented. Prevent 10 people from joining, but only the people who are involved in the conflict: too many opinions can only make the conflict worse. You can seek for solutions with the promissory estoppel law in California.
What to do if you can no longer solve it yourself?
If you cannot work it out together, even with the tips above, there are a few options left:
Legal procedure: It is of course possible to start legal proceedings through lawyers. These are often expensive processes.
Business mediation: If both parties are open to it, it is possible to start mediation. Together with a mediator, it will then be examined how the conflict can be resolved to the satisfaction of both. Often this also goes faster than an entire legal procedure.
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