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 Swampscott
Negotiating the particular terms of a contract is crucial. There are several terms that should be included in every Swampscott contract to ensure that the agreement protects the interests of the parties. Stating intentions clearly in the early stages of negotiations can lead to a contract that includes clearer terms. To conclude, the contracts that are easiest to enforce have clauses that decide how to handle disputes.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Lawyers in Swampscott, Massachusetts often keep past contracts on file, and can add or remove terms based on the situation. They can also reword the specific language of form contracts to make them more clear. If the parties attempt to use a form contract without an attorney's guidance, 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, the challenging language used in the field of contracts can make agreements written by others hard to understand. 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 Swampscott lawyers have specialized.