When parties to an agreement intend it to have legal effect, that agreement is called a contract. In New York, contracts might be oral or written, as long as both parties have the same understanding of the terms of the agreement. In business transactions, written contracts are usually preferred for their reliability. These documents are best drafted by those who understand the law, because the very reason for a contract is to legally obligate the parties.
Negotiating a Contract in Pelham Manor
Negotiating the particular terms of a contract is crucial. There are several terms that should be included in every Pelham Manor contract to ensure that the agreement protects the interests of the parties. The terms of the contract may be decided based on clear expectations if both parties are upfront 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
Using a form contract as a baseline for your agreement may save you time. Lawyers practicing New York law in Pelham Manor can be helpful in selecting the right form, and can also revise the contract to make it the best fit for your distinct situation. 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, a party using a form contract may not have completely read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. 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 clause. Lawyers 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 Pelham Manor lawyers have specialized.