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A good contract, drawn up by an experienced lawyer, clearly sets out what the parties have agreed on. Its purpose is to reduce the likelihood of a dispute and, if one arises, minimise the impact of any such dispute.
In an ideal world, parties entering into an agreement would know exactly the terms of the agreement, and honour that agreement so a written contract is not needed. Unfortunately, this is not an ideal world and often a written contract will be required to prove and enforce promises made and agreement entered into by the parties.
Where a dispute arises, a clear and easily understood agreement will have anticipated the potential issues, often allowing a party to avoid litigation of the dispute. This is where we can assist.
At Appius Lawyers, we are able to advise on your current existing contracts, or advice on new contracts being considered, both for commercial or personal purposes. Whatever the case, you want to be sure that you have competent lawyers in your corner, which is what you will get with Appius Lawyers Contract Lawyers.
Having a contract reviewed by a lawyer before signing on the dotted line helps to ensure the terms and conditions of it reflect the intentions of the parties, help to prevent future disputes or set out the process to deal with any future conflicts. Getting Legal advice is:
If we are drafting documents for you, we will ensure that it is of the highest standard and quality, to ensure that your rights and interests are protected.
Although, litigation should always be a last option and avoided, if required are able to represent you in all courts and tribunals alike.
We are ready and available to speak with you as to how we can assist you to achieve your business objectives.
A contract can be either in writing or agreed to verbally. There are a few exclusions to this such as real estate contracts which must be in writing. The problem with verbal contracts is that, the terms agreed to are not easily identifiable which makes such contracts hard to enforce and that is why most contracts are in writing.
A verbal contract does not clearly outline what the rights and responsibilities of the parties, including acts that are a breach of the agreement. Even where a breach is established, without express remedies, the breach may not be easily cured. It is always best to enter into a written contract to protect one’s own interest.
If you have entered into a verbal contract the essential elements of a contract need to exist for it to be a contract. These are acceptance and offer; intention to create a legal relationship and consideration (money).
You can take steps to validate a verbal contract and some of these are:
Confirming the discussions in writing by email or letter to the other side
Keeping records of supporting documentation such as quotes, emails, letters and text messages
Recording work being done and any payments being made or received for the work
Taking diary notes of any phone calls and communications with the other party
Taking these additional steps will assist if a dispute arises and there are any claims in future for liability etc
It is important to have clear written agreements and contracts in place if you routinely do work for other parties so that all parties have a clear understanding of what is expected. At Appius lawyers, we can prepare your contracts so that you are protected in the course of your business.
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