When parties to an agreement intend it to have legal effect, that agreement is called a contract. In Montana, contracts may 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 may be involved, drafting a contract works best when done with as much knowledge of the law as possible.

Negotiating a Contract in Whitefish

Along with specific clauses that should be included in every Whitefish contract for it to be valid, it is important to adequately discuss each term to make sure that the intent of each party is understood by the other. The terms of the contract may be determined based on clear expectations if both parties are forthright about their intentions early on. Also, parties may want to discuss whether they need a provision for resolving any disputes under the contract.

Using a Form Contract

If an agreement needs a good starting point, you may want to consider a form contract. An attorney in Whitefish,Montana can add or remove terms according to the intent of the parties, and even the specific language can be made more comprehensible so that expectations are 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, 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 Whitefish, many attorneys specialize in Montana contract law.