In South Dakota, 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. 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 Spearfish
Negotiating the specific terms of a contract is crucial. There are several terms that should be included in every Spearfish contract to ensure that the agreement protects the interests of the parties. Stating intentions clearly in the early stages of negotiations can lead to a contract that includes clearer terms. To conclude, the contracts that are easiest to enforce have clauses that determine how to handle disputes.
Using a Form Contract
Form contracts can serve as a good starting point for a sound agreement. Attorneys in Spearfish, South Dakota often keep past contracts on file, and can add or remove clauses based on the situation. They can also reword the specific language of form contracts to make them more clear. There are risks in using form contracts without the help of an attorney. First, parties are less likely to read form contracts thoroughly, which may lead to one side 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. Attorneys can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. South Dakota contract law is a field in which many Spearfish attorneys have specialized.