Some documents that are simply signed through the usual course of business are still contracts. These include purchase orders, receipts, and sales agreements, among others. As a legally binding agreement, a contract must be fully understood in order for its legal consequences to be appreciated. Not expecting a contract's enforcement is generally no excuse under the law.
How Can I Ensure a Contract is Good?
Obviously, reading anything before you sign it is the first step. But as you read it, pay careful attention to the terms of an agreement that outline your obligations and duties. However, documents can often be too long for a worthwhile read, or so commonplace that reading each one is not practical. If so, there are still other ways you can effectively review it. A Wilmington, Delaware attorney can look over a contract before you sign it, as well as review any standardized documents that you deal with on a routine basis. In so doing, the Lawyer will ensure that the legal effect of the documents matches your intent.
What if I Don't Understand a Contract in Delaware?
The words of a contract are meant to simply express an agreement between two parties. They are not the agreement itself. It is your understanding of the contract that generally matters most, regardless of cumbersome contract language. Since you will be bound by your understanding of a contract, it is unwise to rely too much on the other party's representation of your duties. A neutral third party in Wilmington can be hired to review and explain the contract. Contract negotiations, especially in the context of particular fields such as finance, can be time consuming and difficult. But as in all contracts, the objective is to record the intent of the parties so that their agreement will be given legal effect under Delaware law.
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Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
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