Contract Drafting
We at AdvoTalks offer personalized contract drafting services designed to meet your unique requirements.
Whether you need a simple agreement or a complex commercial contract,the contract drafting expert will work closely with you to understand your objectives, identify potential risks, and ensure that the contract reflects your intentions accurately.
What are the essentials for a well-drafted contract
- Format – While there is no set format to be followed for a written contract, there are some key terms that are required to be present for a legally binding contract such as, “An offer shall not be against public policy, such as involving an illegal act or fraudulent transactions”, “valid offer”, “acceptance of the offer” etc.
- Mentioning the parties– Consideration and timing of services, it is essential for a contract to specify the names of the contracting parties, irrespective of them being an individual or business entity. The consideration involved in the transaction and the time of the transactions should also be clearly stated.
- Defining the services to be performed – The scope of work for which the parties come into an agreement should be defined. The obligations and duties of each party should be specified.
- Completion of contract – The purpose of a contract is over once each party performs their part of the agreement. Thus, it becomes important to define the timing of all transactions or services involved. The contract should include a clause that defines its period and a provision for termination once the purpose is served.
- Provisions for resolving disputes – It is fairly common for grievances to arise between parties to a contract. Including provisions for dispute resolution in advance is a requirement.
- Defining jurisdiction – While not entirely necessary, the parties may choose to predetermine which court(s) have jurisdiction to approach to settle any possible disagreements.
- Specific Clauses – Certain special clauses can be entered into a contract to tighten the protection of a client’s interests. A good example of such a clause which gives direction to the parties to handle specific situations which may arise in the future.