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 Clifton Park
Along with certain clauses that should be included in every Clifton Park 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 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
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Clifton Park, New York often keep past contracts on file, and can add or remove provisions based on the situation. They can also reword the specific language of form contracts to make them more clear. There are risks in using form contracts without the assistance of an attorney. 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. Whether you negotiate or use a form, an attorney can help ensure that the written contract matches your intent. Many attorneys in Clifton Park are experts in New York contract law.