When parties to an agreement intend it to have legal effect, that agreement is called a contract. In North Carolina, 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 Clayton
Along with certain clauses that should be included in every Clayton 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. Being upfront about your intentions can help the contract goal of mutual understanding of expectations. To conclude negotiations, you may want to include a clause that determines what is to be done if a party fails to meet its duty.
Using a Form Contract
If an agreement needs a good starting point, you may want to consider a form contract. An attorney in Clayton,North Carolina can add or remove provisions according to the intent of the parties, and even the specific language can be made more comprehensible so that expectations are clear. If the parties attempt to use a form contract without an attorney's advice, there may be risks. First, using a form contract makes it more likely that one of the parties will not have understood the clauses. 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 clause. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Clayton, many lawyers specialize in North Carolina contract law.