When parties to an agreement intend it to have legal effect, that agreement is called a contract. In Nebraska, 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 typically 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 Papillion
Along with specific clauses that should be included in every Papillion 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. Stating your intentions clearly at the start 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
Form contracts can serve as a good starting point for a sound agreement. Lawyers in Papillion, Nebraska often keep past contracts on file, and can add or remove terms 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, parties using form contracts often do not read all the clauses, and can therefore be unaware of their obligations under the contract. Second, form contracts often use words and language understood only within the legal community. This may cause parties to agree to a clause they don't really understand. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. Nebraska contract law is a field in which many Papillion lawyers have specialized.