In Tennessee, 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 typically 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 Erwin
Negotiation of each particular 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 Erwin contract to give it the desired legal effect. Stating your intentions clearly at the start 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. Lawyers practicing Tennessee law in Erwin can be helpful in selecting the right form, and can also revise the contract to make it the best fit for your particular situation. There are risks in using form contracts without the guidance of an attorney. First, form contracts have the tendency to go unread. Any party who does not carefully review all the contract clauses can be left unaware of their obligations under the contract. Second, using a contract that someone else has written can obligate the parties to a contract clause that they do not understand. Whether you decide to negotiate a contract or use a form contract, an attorney will be able to help you ensure that the written instrument matches your intent. Many lawyers practicing in Erwin are experts of Tennessee contract law.