A contract in Georgia 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. In business transactions, written contracts are typically preferred for their reliability. These documents are best drafted by those who understand the law, because the very reason for a contract is to legally obligate the parties.
Negotiating a Contract in Winder
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 Winder contract to give it the desired legal effect. Stating your intentions clearly at the start 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. Lawyers in Winder, Georgia often keep past contracts on file, and can add or remove terms 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, parties are less likely to read form contracts completely, which may lead to one side being unaware of their duties under the contract. Second, using a contract that someone else has written can obligate the parties to a contract clause that they do not understand. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Lawyers in Winder often specialize in Georgia contract law.