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 Westborough
Negotiating the particular terms of a contract is crucial. There are several terms that should be included in every Westborough 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 Westborough, 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, particularly if they are used without the guidance of an attorney. 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 Westborough lawyers have specialized.