In South Carolina, 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 typically 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 Darlington
Along with specific clauses that should be included in every Darlington 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. Being forthright about your intentions can help the contract goal of mutual understanding of expectations. To conclude negotiations, you may want to include a clause that determines what is to be done if a party fails to meet its duty.
Using a Form Contract
If an agreement needs a good starting point, you may want to consider a form contract. An attorney in Darlington,South Carolina can add or remove terms according to the intent of the parties, and even the specific language can be made more comprehensible so that expectations are clear. If the parties attempt to use a form contract without an attorney's assistance, there may be risks. 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, the difficult language used in the field of contracts can make agreements written by others hard to understand. Whether you negotiate or use a form, an attorney can help ensure that the written contract matches your intent. Many attorneys in Darlington are experts in South Carolina contract law.