In Kansas, 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. The reliability of written contracts typically 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 Kansas City
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Kansas City contract to ensure that the agreement protects the interests of the parties. 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 Kansas law in Kansas City 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 help of an attorney. First, a party using a form contract may not have thoroughly read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. Second, using a contract that someone else has written can obligate the parties to a contract term that they do not understand. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Kansas City, many attorneys specialize in Kansas contract law.