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. In business transactions, written contracts are usually preferred for their reliability. These documents are best drafted by those who understand the law, because the very reason for a contract is to legally obligate the parties.
Negotiating a Contract in West Orange
Along with particular clauses that should be included in every West Orange 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 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
Many West Orange, Texas lawyers use form contracts as a template for any new agreement. The attorney will add or remove contract provisions that the parties want, plus modify the specific language of the form contract to meet the parties' needs. This usually saves all parties time and money. However, form contracts can pose problems if they need to be interpreted by courts, particularly if they are used without the guidance of an attorney. First, parties using form contracts often do not read all the clauses, and can therefore be unaware of their obligations 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 clause they don't really understand. With either a negotiated contract or a form, an attorney can ensure that the written document matches the intent of each party. Lawyers in West Orange often specialize in Texas contract law.