When parties to an agreement intend it to have legal effect, that agreement is called a contract. In New Hampshire, 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 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 Amherst
Along with specific clauses that should be included in every Amherst 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
Many Amherst, New Hampshire attorneys use form contracts as a template for any new agreement. The attorney will add or remove contract provisions that the parties want, plus modify the specific language of the form contract to meet the parties' needs. This usually saves all parties time and money. 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, parties are less likely to read form contracts thoroughly, which may lead to one side 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. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Attorneys in Amherst often specialize in New Hampshire contract law.