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 might be oral or written, as long as both parties have the same understanding of the terms of the agreement. The reliability of written contracts usually make them the preferred means for businesses to transact. Since the intent of a contract is to be legally effective, they are best formed by those who understand the law.
Negotiating a Contract in Simpsonville
Negotiating the particular terms of a contract is crucial. There are several terms that should be included in every Simpsonville contract to ensure that the agreement protects the interests of the parties. Being upfront about your intentions early on can be helpful, because it allows the terms of the contract to be decided based on clear expectations. Lastly, a clause that determines how to handle a dispute under the contract may be worthwhile to negotiate.
Using a Form Contract
Using a form contract as a baseline for your agreement may save you time. Lawyers practicing South Carolina law in Simpsonville can be helpful in selecting the right form, and can also revise the contract to make it the best fit for your distinct situation. If the parties attempt to use a form contract without an attorney's advice, there may be risks. First, using a form contract makes it more likely that one of the parties will not have understood the clauses. This can lead to them being unaware of their duties under the contract. Second, the challenging language used in the field of contracts can make agreements written by others challenging to understand. Whether you negotiate or use a form, an attorney can help ensure that the written contract matches your intent. Many lawyers in Simpsonville are experts in South Carolina contract law.