Fundamentals to Include in Your Business Contract
What are the fundamentals of a business contract? You may be completely new to owning a business and not have any familiarity with what’s involved in creating such a contract. It’s in your best interest to learn the ins and outs of various types of business agreements, including what they entail, preferable by talking to PA business attorneys. A knowledgeable business attorney PA in your area such as those at Braverman Kaskey Garber can help you understand how it all works.
What’s Needed in a Business Contract
The Contract’s Date
It’s necessary that you include the date that the contract was finalized and signed. This serves the purpose of protecting you and your interests (as well as that of the other party) if there’s any breach or other issue regarding the agreement in the future. It also helps you remember key events that are related to your business and its operations, such as when you enter into a contract with an employee or with a vendor. This should save you from some headache in the long run.
Names of the Parties
Your contract should have all involved parties listed on it. Make sure that anyone who is making a legal agreement signs the document. It’s important that you place their full legal names on the contract (as well as their business name if it’s a vendor or another company you’re partnering with). This way, you won’t run into issues if you do need to take any litigation at some point.
The Amounts of the Payments
Another aspect to include in your contract is what the payment amounts are that you’ll be receiving or making towards the other party. You’ll also want to have the due dates on the document to make it clear if you want payments by a certain date or you are agreeing to make them by a certain date.
Expiration Dates of Your Contract
Every contract eventually expires, and you need to make the date known by all parties before they sign the contract. Then, no one can turn around and say they assumed they’d receive the agreed upon services or that you’d uphold the terms of the agreement past the date you wish to have it end. messina
Damages for Breach of Contract
There are always some types of potential damages when it comes to a party breaching a contract. This means that you need to detail what actions will be taken if someone misses deadlines or doesn’t provide all of the services or only partial services. You can explain the particulars of these legal actions, or you can refer to the code or statutes relevant to the exact issue(s).
Written Format
Some kinds of contracts must be in written form in order for them to be legal and enforceable. This includes contracts that are for the sale of goods that exceeds $5,000, contracts involving the transfer or sale of lands, prenuptial agreements and others made in consideration of marriage, and those agreements that you can’t perform within a year or less of when the contract was signed. In some instances, it’s fine to create a verbal contract with another party.
Offer and Acceptance
There must be an offer detailed in the contract and acceptance by one party. They must agree to every one of the terms and not be forced or coerced to enter into the contract. Pennsylvania business attorneys can give you more information about this matter.
Consideration
The contract needs to involve something of value that’s exchanged between the parties. This can be money or services, and if there isn’t anything like this, it’s a gift and not a contract. The document will not be binding for either party in this event.
Competence
Both parties must be of sound mind when they sign the contract. This means that if either are on drugs or alcohol or are mentally deficient, and it’s determined when either party breaches the contract that this happened, the contract can be thrown out.
Receive Assistance from PA Business Lawyers
Businesses would do well to have assistance from a business attorney Pennsylvania. You may have a Pennsylvania business attorney advise you while putting together the contract so that you know it is legal and binding.