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 Waltham
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Waltham 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 determine how to handle disputes.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Waltham, 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. There are risks in using form contracts without the help of an attorney. First, a party using a form contract may not have thoroughly read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. 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 Waltham often specialize in Massachusetts contract law.