Contract Drafting and Advice
Always during the 24 years of our principal’s practice, he has been interested and active in this area.
Of course, contracts may be verbal as well as in writing.
It is usually much better to ensure that any important contract is reduced to writing before it becomes binding.
If you require that an important contract be prepared, please obtain legal advice to draft it.
An oft used expression is " the devil is in the detail " .
In relation to contracts, this expression may apply when two or more people believe that they have reached an agreement in principle, but important matters are not considered or each person has a different understanding of their respective rights or obligations.
If such an agreement in principle is left unchecked, later problems of misunderstandings or uncertainty may arise. One of the parties (perhaps a less economically resourced party) may be left to rue their failure to have a lawyer check the details before the deal proceeds.
On the other hand, if you are presented with a contract that is drawn up by the other party's lawyer, you should not assume that it will be a good contract for you to enter into unchecked simply because it has been drawn up by the other party's lawyer. In a recent case, for example, in such a proposed contract of about 20 pages in length, we found multiple concerns and a proposed contract which was in fact quite different to what the parties had agreed to verbally according to our instructions.
To utilise a well-known expression, it is usually very useful for a party proposing to enter into a contract to be aware of the strengths, weaknesses, opportunities and threats f a proposed contract and to have a well drafted document.
In giving you contract advice, we aim to provide you with a sound legal foundation for your future legal and other relationship with other contracting parties, helping you to build, establish and maintain long-lasting success.
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