In Michigan, 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. In business transactions, written contracts are typically preferred for their reliability. These documents are best drafted by those who understand the law, because the very reason for a contract is to legally obligate the parties.
Negotiating a Contract in Grosse Pointe
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Grosse Pointe contract to ensure that the agreement protects the interests of the parties. Being forthright about your intentions early on can be helpful, because it allows the terms of the contract to be determined based on clear expectations. Lastly, a clause that determines how to handle a dispute under the contract may be worthwhile to negotiate.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Grosse Pointe, Michigan 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. However, form contracts can pose problems if they need to be interpreted by courts, especially if they are used without the assistance of an attorney. First, parties are less likely to read form contracts thoroughly, which may lead to one side being unaware of their duties under the contract. Second, form contracts often use words and language understood only within the legal community. This may cause parties to agree to a term they don't really understand. Whether you negotiate or use a form, an attorney can help ensure that the written contract matches your intent. Many attorneys in Grosse Pointe are experts in Michigan contract law.