In Texas, 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 Elgin

Along with specific clauses that should be included in every Elgin 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 upfront 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 Elgin,Texas 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. There are risks to using a contract that neither party has written, particularly if you proceed without the advice of an attorney. First, a party using a form contract may not have completely read all the terms, and can thereby remain unaware of his performance obligations and liabilities if events do not go as planned. 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 clause. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. Texas contract law is a field in which many Elgin lawyers have specialized.