In Louisiana, when two parties come to a mutually understood agreement that they intend to have legal force, a contract is created. 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 generally 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 New Orleans
Along with certain clauses that should be included in every New Orleans 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 upfront about your intentions can help the contract goal of mutual understanding of expectations. To conclude negotiations, you may want to include a clause that determines what is to be done if a party fails to meet its duty.
Using a Form Contract
Many New Orleans, Louisiana 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 to using a contract that neither party has written, particularly if you proceed without the guidance of an attorney. First, parties using form contracts often do not read all the clauses, and can therefore be unaware of their obligations 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 New Orleans often specialize in Louisiana contract law.