When parties to an agreement intend it to have legal effect, that agreement is called a contract. In Montana, contracts might be oral or written, as long as both parties have the same understanding of the terms of the agreement. Most businesses want to solidify their agreements in writing so that they can rely on them in the future. Since many legal principles might be involved, drafting a contract works best when done with as much knowledge of the law as possible.
Negotiating a Contract in Billings
There is more to a contract than what is required for it to be valid in Billings. The particular terms of the contract should all be discussed separately so that the intent of each party is understood by the other. 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 Billings, Montana often keep past contracts on file, and can add or remove clauses 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, a party using a form contract may not have completely read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. 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 clause. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Billings, many lawyers specialize in Montana contract law.