Lawsuits often begin as a result of failing to use a contract, using a badly drafted contract, or when one or more parties break one or more terms on a contract. Contracts are no stronger than the weakest of the parties signing it. This article is my opinion and is not, legal advice. I'm a judgment recovery referral professional, and not an attorney. When you ever need a strategy to use or legal advice, you should contact a lawyer. When you are using your contract with many people or companies over several years, you will likely have revised and updated your contract more than a few times. When you copy or modify a copied contract, or are making one from scratch, it is a good idea to pay an attorney to review it to use in your state. The best time to work out contracts is early, when all the parties are getting along. It's OK for contracts to be tilted toward one side's favor, however they should not be completely single-sided. A contract should identify benefits for all who sign. Even when all the parties sign a contract, a court may one day find your contract to be one-sided. The more simple contracts are, the better chance that they will not show up in some court room. Try to avoid putting anything more than what is necessary in contracts. A few common phrases in contracts are: A) Should any legal proceeding be necessary to construe or enforce the terms of this contract, then the prevailing party in such legal action will be entitled to recover all court costs, reasonable lawyer costs and fees of enforcing or collecting any judgment awarded. The venue of any legal proceeding will be the county of County, State. (These kinds of wordings limit the places where somebody can begin a lawsuit, and also helps to reduce frivolously filed lawsuits.) B) If a court rules that a certain part of this contract is illegal or invalid, that shall not affect the validity of any remaining provisions. Each party agrees that the laws of the state of State will govern the validity of this contract. C) This contract shall be binding upon all parties and their respective estates, heirs, successors, and permitted assigns. D) This contract can be changed only with the written consent of each party. This contract can not be assigned by either party without written consent of the other. This contract may only be cancelled by a mutual agreement between the parties, by either party notifying the other party in writing. This contract is the entire contract between all parties signing this contract. The more tied to actions and specific contracts are, the easier they will be to comply with and enforce. One more reason to run contracts past a lawyer, is make sure contracts aren't deceptive or unfair. It is best if, no party would feel forced to sign a contract. A good contract both reduces the chance of a lawsuit, and also increases the chance of a victory, should a lawsuit arise. Have your judgment recovered for the best realistic price: http://www.JudgmentBuy.com - Judgment Enforcement. The easy, free, best and fastest way to start recovering enforceable judgments. (Mark D. Shapiro 408-840-4610) JudgmentBuy offers you the Truth.
Related Articles -
contract disputes, making a contract, contract considerations, using a contract, contract strengths, strength of contracts,
|