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 Deerfield
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Deerfield 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
It may save you time to use a form contract instead of drafting your own. Even so, you may want an attorney in Deerfield, Massachusetts to add or remove provisions, or to simply make the contract language more clear. There are risks to using a contract that neither party has written, especially if you proceed without the assistance of an attorney. First, using a form contract makes it more likely that one of the parties will not have understood the terms. This can lead to them being unaware of their duties under the contract. Second, the difficult language used in the field of contracts can make agreements written by others difficult to understand. Whether you decide to negotiate a contract or use a form contract, an attorney will be able to help you ensure that the written instrument matches your intent. Many lawyers practicing in Deerfield are experts of Massachusetts contract law.