In Massachusetts, 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. Businesses most often prefer the reliability of written contracts in their transactions. These instruments are best written by those with an understanding of the law, since the intent behind a contract is to give it legal effect.
Negotiating a Contract in Barnstable
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Barnstable 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
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Barnstable, Massachusetts often keep past contracts on file, and can add or remove provisions 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, especially if they are used without the help of an attorney. First, parties are less likely to read form contracts thoroughly, 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 term 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. Attorneys in Barnstable often specialize in Massachusetts contract law.