In Ohio, a contract is different from a normal agreement in that the parties to a contract intend their agreement to have legal effect. Contracts may be oral or written, as long as both parties have the same understanding of the terms of the agreement. Most businesses want to solidify their agreements in writing so that they can rely on them in the future. Since many legal principles may be involved, drafting a contract works best when done with as much knowledge of the law as possible.
Negotiating a Contract in West Carrollton
Negotiation of each specific term in a contract is important to ensure that the intent of each party is met. Also, there are certain clauses that should be included in every West Carrollton contract to give it the desired legal effect. 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
Using a form contract as a baseline for your agreement may save you time. Attorneys practicing Ohio law in West Carrollton 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, especially if they are used without the assistance of an attorney. First, using a form contract makes it more likely that one of the parties will not have understood the terms. This can lead to them being unaware of their duties under the contract. Second, form contracts often use words and language understood only within the legal community. This may cause parties to agree to a term they don't really understand. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Attorneys in West Carrollton often specialize in Ohio contract law.