When parties to an agreement intend it to have legal effect, that agreement is called a contract. In New York, contracts may be oral or written, as long as both parties have the same understanding of the terms of the agreement. Businesses most often prefer the reliability of written contracts in their transactions. These instruments are best written by those with an understanding of the law, since the intent behind a contract is to give it legal effect.
Negotiating a Contract in Canton
Along with particular clauses that should be included in every Canton 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 beginning 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 Canton,New York 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. Using a form contract without the help of an attorney may pose problems. First, form contracts have the tendency to go unread. Any party who does not carefully review all the contract terms can be left unaware of their obligations under the contract. Second, form contracts often contain language that is specific to the field of law, and using forms without an understanding of this language can cause future disagreements over a contract's meaning. Attorneys can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. New York contract law is a field in which many Canton attorneys have specialized.