Contracts & Debt Collection

CONTRACTS

Good contracts clearly define the rights and obligations of the parties and provide a means by which its terms can be enforced. It is therefore necessary that care be taken in the drafting of a contract or that advice be obtained at an early stage to ensure that the contract achieves these objectives. Unfortunately, there are many instances in which this is not done and additional assistance is needed afterwards to determine what the rights of the parties are and how they may be enforced. This is especially so where there is no written contract but there is a clear course of conduct that supports the existence of legally binding obligations on the parties. Additionally, even the clearest contract can be breached. Assistance may therefore be required to determine if there has actually been a breach and, if so, the nature and extent of the remedies which are available.

At KCT Chambers, our role is to carefully assess the desired or established legal obligations of the parties, provide clear and structured advice on our clients’ options and to take decisive steps to secure the outcome to which our clients are entitled. This includes:

Reviewing Proposed Contracts;
Preparing Contracts;
Advising on Contractual Liabilities;
Calculating Compensation for Breaches of Contracts;
Negotiating Settlements; and
Conducting Court Proceedings.

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DEBT COLLECTION

The most common debts arise where there is a contract which is expressly for the lending and repayment of money or where the best remedy for a breach of contract is compensation. However, there are also instances in which no strict contractual relationship exists but a debt is clearly owed. For example, a debt often needs to be collected where funds or other assets have been stolen or misappropriated or where property has been damaged and the cost of repairing or replacing the property has to be recovered.

At KCT Chambers we know that the process of trying to recover a debt often creates a burden which extends beyond monetary value. Our role is to remove this load from our clients’ shoulders by carefully evaluating the circumstances, providing clear advice on whether a debt is recoverable and utilizing our expertise to take all necessary steps to do so on their behalf. These steps include: