In Massachusetts, 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. Businesses most often prefer the reliability of written contracts in their transactions. These instruments are best written by those with an expertise of the law, since the intent behind a contract is to give it legal effect.
Negotiating a Contract in Malden
Negotiating the particular terms of a contract is crucial. There are several terms that should be included in every Malden contract to ensure that the agreement protects the interests of the parties. The terms of the contract may be decided based on clear expectations if both parties are upfront about their intentions early on. Also, parties may want to discuss whether they need a provision for resolving any disputes under the contract.
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 Malden, Massachusetts to add or remove clauses, or to simply make the contract language more clear. If the parties attempt to use a form contract without an attorney's advice, there may be risks. First, parties using form contracts often do not read all the clauses, and can therefore be unaware of their obligations under the contract. Second, form contracts often contain language that is particular to the field of law, and using forms without an understanding of this language can cause future disagreements over a contract's meaning. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. Massachusetts contract law is a field in which many Malden lawyers have specialized.