This week we will explore a little more of Chapter 2 of the Maine Consumer Law Guide: Consumer Contracts in Maine.

Please remember this information, in detail, is available at the Maine Attorney General's website.

Courts tend to base their decisions on the evidence before them, preferably a written contract that shows the intent of all parties. Sometimes oral evidence can be compelling enough for the court to consider it.

Remedies for breach of contract are basically that which will bring the damaged party back to the economic position as before the breach was created.

DID YOU KNOW?

Packaging of consumer products is changing rapidly. Many products have become smaller portions without lowering the price. Take notice that ice cream, for instance, is NOT a half gallon anymore. Read labels to be an informed shopper.

The costs involved and the recovery of those costs may very well be allowed by the court to the damaged party. The damages could be for services rendered, defective goods, specific performance by the party who created the breach, a consumer breach of contract, punitive damages (in rare cases), and attorney fees may be granted to the prevailing party. There are opportunities to right wrongs in contracts by creating new contracts to the satisfaction of all parties. Efforts to settle disputes by one party may not be totally satisfactory to all parties, such as a partial payment made as a payment in full of the account.

The process of negotiating a contract needs to be complete but with a plain English approach. A contract is a bargain in which rights and obligations are allocated. It is important all parties agree to all points after the negotiating process and before the signing takes place.

Always: Read the contract over, and again if necessary, before signing and then ask yourself, is this contract enforceable and does it allow for an offer, an acceptance and consideration between all parties and is there a mutual agreement? Contracts for more than $500 must be in writing to be enforceable. Real estate sales must be in writing.

Above all, always ask questions. Always question everyone about everything in a contract negotiation. Do not assume anything.

Next Week: Contracts between a merchant and a consumer. This may prove to be very interesting.

Thanks for visiting Consumer Corner.

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Who is Dale Hayward?

Dale Hayward was born and raised in Belfast and Northport, and lives in Rockland.

He graduated from Harford Institute of Accounting in Connecticut and served in the U.S. Air Force from 1966 to 1970. He was a state auditor in Delaware and Maine, where he also owned and operated private accounting practices. From 1978 to 1992 he owned and operated Seaport Office Supply. For the next eight years he drove a tour bus 600,000 miles across the United States and Canada.

Dale holds a Bachelor of Science in business administration, with a major in management and a minor in finance, from the University of Maine. He retired in 2007. He previously presented a consumer talk show on WRFR.

On why he continues to share consumer information, Dale said, "Consumer information is critical for people to survive in this economy and I would like to share my extension knowledge after having researched issues for many years. The format is to provide tips, advice and facts for people to check out further. This is not legal advice and does not carry any promises."