When parties to an agreement intend it to have legal effect, that agreement is called a contract. In North Dakota, contracts might 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 Fargo
There is more to a contract than what is required for it to be valid in Fargo. The individual terms of the contract should all be discussed separately so that the intent of each party is understood by the other. Stating your intentions clearly at the outset of negotiations is helpful, since then the parties may carefully detail the obligations and duties of the contract based on mutual expectations. Also, you may want to negotiate a process that can be followed should one party not fulfill its end of 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 Fargo,North Dakota 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, particularly if you proceed without the guidance of an attorney. 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, the challenging language used in the field of contracts can make agreements written by others difficult to understand. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Fargo, many lawyers specialize in North Dakota contract law.