When parties to an agreement intend it to have legal effect, that agreement is called a contract. In North Carolina, contracts may be oral or written, as long as both parties have the same understanding of the terms of the agreement. A written contract is generally preferred by most businesses, because that make the agreements more reliable. Contracts may involve legal principles, so they are best formed with a clear understanding of the law.
Negotiating a Contract in New Bern
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every New Bern contract to ensure that the agreement protects the interests of the parties. Being forthright 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 New Bern,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. There are risks to using a contract that neither party has written, especially if you proceed 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, the difficult language used in the field of contracts can make agreements written by others difficult to understand. Whether you decide to negotiate a contract or use a form contract, an attorney will be able to help you ensure that the written instrument matches your intent. Many lawyers practicing in New Bern are experts of North Carolina contract law.