After reading the chapters on contract law and several articles on contract disputes, I can only assume that contract negotiations and contract breaches are the most common disputes in business law. For a marketing agency, one project, like preparing a client for an event, may lead to multiple contracts. For example, consider a tradeshow.
Our client would sign a contract with us to do the necessary work on their behalf for the tradeshow. This would be an expressed, informal contract where we would clearly spell out the scope of work (the offer), the cost of the work – or at least a reasonable estimate (the consideration) and the terms of the contract and services (timeline, inclusions, exclusions and terms of payment.) The client and I are of legal age and mental capacity, and have the intent to carry out the requirements of the contract. Because both parties agree, there is mutual assent and a valid contract if formed (Clarkson, Miller, & Cross, 2012, pp. 211, 227).
As highlighted above, the contract should clearly spell out exactly what our agency is responsible for in the scope of work and the projected timeline with a contingency and/or consequences for delays caused by the client. For example, feedback on all work/proofs is required within 48 hours of delivery via FTP or other electronic method to avoid extemporaneous rush charges. This would, hopefully, assist in meeting printing deadlines from our vendors and stress the need for timely feedback to stay on time and on budget. Equally important is the inclusion of what is included in the cost and what is not. These items need to be clearly and precisely identified and explained in detail.
To continue the tradeshow example, we might work with a printer to have brochures printed for our client to distribute at the tradeshow. We would likely purchase stock photography to use on the brochure requiring acceptance of a licensing agreement through a click-on agreement (Clarkson et al., 2012, p. 235). Because of the overwhelming number of projects requiring printing and the on-going relationship with out printer, having a partnering agreement with could speed up the process and protect both parties (Clarkson et al., 2012, p. 237). ...