If you are entering into a business agreement with one or more parties, you should know that every word of that contract is significant and should be taken seriously. Generally, when a contract is first drafted, both parties should review each line of the contract and make sure they agree on the terms and that the terms are clear and accurate.
An attorney specializing in business law is often best suited to review the contract. The attorney will often focus on the following:
- Offer and acceptance: The contract includes a clear description of what goods/services are being offered and a statement indicating that both parties accept the terms of the offer.
- Consideration: The contract must address the benefit each party gets for what it gives up (e.g., one party gets the benefit of goods/services offered, while the other party receives payment).
- Capacity: All parties have a legal ability to enter into the agreement.
- Legality: The contract is legally binding.
After ensuring that all of the basics have been addressed, your attorney will take a closer look at the terms and conditions of the agreement, as well as warranties, dispute resolution clauses and other more specific components.
Why is reviewing a contract important?
Business agreements are legally binding and must provide clear guidelines for your business relationship. Reviewing each line of a contract thoroughly is essential to make sure you save time and money in the long run.
Reviewing a contract before signing it allows you to make sure that the terms and conditions are fair to all parties involved. Failure to properly review an agreement may result in costly legal disputes later. A careful review of the agreement can also help you identify any ambiguities in the contract that need to be clarified prior to signing. Reviewing the agreement can also help you identify potential risks or liabilities that stem from the agreement.
Your business contracts can greatly impact the success of your business. If you have a business contract that needs to be reviewed and edited, consider consulting with a business attorney in your area.