A contract in Delaware 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. Businesses most often prefer the reliability of written contracts in their transactions. These instruments are best written by those with an expertise of the law, since the intent behind a contract is to give it legal effect.
Negotiating a Contract in Smyrna
Negotiation of each particular term in a contract is important to ensure that the intent of each party is met. Also, there are certain clauses that should be included in every Smyrna contract to give it the desired legal effect. The terms of the contract may be decided based on clear expectations if both parties are upfront about their intentions early on. Also, parties may want to discuss whether they need a provision for resolving any disputes under the contract.
Using a Form Contract
Many Smyrna, Delaware lawyers use form contracts as a template for any new agreement. The attorney will add or remove contract provisions that the parties want, plus modify the specific language of the form contract to meet the parties' needs. This usually saves all parties time and money. There are risks in using form contracts without the guidance 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, the challenging language used in the field of contracts can make agreements written by others difficult to understand. Whether you negotiate or use a form, an attorney can help ensure that the written contract matches your intent. Many lawyers in Smyrna are experts in Delaware contract law.