A contract in California 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 generally 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 Auburn
Along with certain clauses that should be included in every Auburn contract for it to be valid, it is important to adequately discuss each term to make sure that the intent of each party is understood by the other. Being upfront about your intentions can help the contract goal of mutual understanding of expectations. To conclude negotiations, you may want to include a clause that determines what is to be done if a party fails to meet its duty.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Lawyers in Auburn, California often keep past contracts on file, and can add or remove provisions based on the situation. They can also reword the specific language of form contracts to make them more clear. There are risks in using form contracts without the advice of an attorney. First, parties are less likely to read form contracts completely, which may lead to one side being unaware of their duties under the contract. Second, form contracts often use words and language understood only within the legal community. This may cause parties to agree to a clause they don't really understand. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. California contract law is a field in which many Auburn lawyers have specialized.