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 Wilmington
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Wilmington 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
It may save you time to use a form contract instead of drafting your own. Even so, you may want an attorney in Wilmington, 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 assistance, there may be risks. 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, form contracts will often contain language that is difficult to understand outside the legal community. This can cause disagreement over the meaning of a term. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Wilmington, many attorneys specialize in Massachusetts contract law.