In Illinois, when two parties come to a mutually understood agreement that they intend to have legal force, a contract is formed. There are both written and oral contracts, since all that is required is that the parties agree and understand each other. Most businesses want to solidify their agreements in writing so that they can rely on them in the future. Since many legal principles may be involved, drafting a contract works best when done with as much knowledge of the law as possible.
Negotiating a Contract in Kane County
Along with specific clauses that should be included in every Kane County 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 forthright about your intentions early on can be helpful, because it allows the terms of the contract to be determined based on clear expectations. Lastly, a clause that determines how to handle a dispute under the contract may be worthwhile to negotiate.
Using a Form Contract
Using a form contract as a baseline for your agreement may save you time. Attorneys practicing Illinois law in Kane County can be helpful in selecting the right form, and can also revise the contract to make it the best fit for your particular situation. However, form contracts can pose problems if they need to be interpreted by courts, especially if they are used without the assistance of an attorney. First, parties using form contracts often do not read all the terms, and can therefore be unaware of their obligations 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 term they don't really understand. Attorneys can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. Illinois contract law is a field in which many Kane County Attorneys have specialized.