In Pennsylvania, 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. 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 Philadelphia
Along with specific clauses that should be included in every Philadelphia 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
Using a form contract as a baseline for your agreement may save you time. Attorneys practicing Pennsylvania law in Philadelphia 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 help 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 will often contain language that is difficult to understand outside the legal community. This can cause disagreement over the meaning of a term. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Attorneys in Philadelphia often specialize in Pennsylvania contract law.
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Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
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