A contract in West Virginia is an agreement made by parties that intend their agreement to have legal effect. As long as parties to a contract have the same understanding about the contractual terms, the contract might either be written or entirely oral. A written contract is generally preferred by most businesses, because that make the agreements more reliable. Contracts may involve legal principles, so they are best formed with a clear understanding of the law.
Negotiating a Contract in Fairmont
Along with particular clauses that should be included in every Fairmont 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 Fairmont,West Virginia can add or remove provisions according to the intent of the parties, and even the specific language can be made more comprehensible so that expectations are clear. Using a form contract without the advice of an attorney may pose problems. 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 often contain language that is particular to the field of law, and using forms without an understanding of this language can cause future disagreements over a contract's meaning. Lawyers can help ensure that a written contract matches the intent of the parties, whether negotiating a contract or using a form. West Virginia contract law is a field in which many Fairmont lawyers have specialized.