A contract in California is an agreement about anything 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. The reliability of written contracts usually make them the preferred means for businesses to transact. Since the intent of a contract is to be legally effective, they are best formed by those who understand the law.
Negotiating a Contract in Napa County
There is more to a contract than what is required for it to be valid in Napa County. 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.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Napa County, California 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. There are risks in using form contracts without the assistance of an attorney. First, parties are less likely to read form contracts thoroughly, which may lead to one side being unaware of their duties under the contract. Second, the difficult language used in the field of contracts can make agreements written by others challenging to understand. Attorneys 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 Napa County attorneys have specialized.