What is a Contract?
A contract in Alabama is an agreement about something of value between two or more parties who intend the agreement to have legal effect. It may be oral or written, as long as all parties agree to the contractual terms. A written contract is usually preferred by most businesses, because that make the agreements more reliable. Contracts may involve legal principles, so they are best formed with a clear understanding of the law.
Negotiating a Contract in Phenix
There is more to a contract than what is required for it to be valid in Phenix. The particular terms of the contract should all be discussed separately so that the intent of each party is understood by the other. Stating your intentions clearly at the beginning of negotiations is helpful, since then the parties may carefully detail the obligations and duties of the contract based on mutual expectations. Also, you may want to negotiate a process that can be followed should one party not fulfill its end of the contract.
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Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Lawyers in Phenix, Alabama often keep past contracts on file, and can add or remove clauses based on the situation. They can also reword the specific language of form contracts to make them more clear. However, form contracts can pose problems if they need to be interpreted by courts, particularly if they are used without the advice of an attorney. First, a party using a form contract may not have completely read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. Second, form contracts will often contain language that is difficult to understand outside the legal community. This can cause disagreement over the meaning of a clause. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Phenix, many lawyers specialize in Alabama contract law.