When parties to an agreement intend it to have legal effect, that agreement is called a contract. In New Jersey, 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 usually 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 Atlantic Highlands
Along with particular clauses that should be included in every Atlantic Highlands 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 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 Atlantic Highlands,New Jersey can add or remove clauses 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 help of an attorney. First, a party using a form contract may not have thoroughly read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. Second, using a contract that someone else has written can obligate the parties to a contract term that they do not understand. An attorney can ensure that a written contract matches the intent of the parties, both with form contracts and in negotiations. In Atlantic Highlands, many attorneys specialize in New Jersey contract law.