How to Draft a Contract, and Why You Need a Lawyer's Review
Contracts can be formed as "consensual contracts," meaning they are valid as long as there is mutual agreement between the parties (congruence of intentions). In other words, verbal agreements are still considered contracts, and a written contract is not always necessary for a contract to be established.
If every contract in the world were honored as promised, there would be no need for written contracts. Unfortunately, because some people do not keep their promises, it is necessary to draft a contract before proceeding with any matter.
The presence of a contract makes a significant difference when taking legal action against those who fail to uphold their promises. In litigation, a contract serves as a golden ticket.
A contract is a dispositive document that includes the agreed-upon terms between the parties and their confirming seals or signatures. During a trial, the contract is the most crucial piece of evidence, and unless there are exceptional circumstances, the judge cannot make a decision that deviates from the content of the contract.
Many people underestimate the importance of contracts. Actions such as proceeding without a contract due to "industry practices," relying on "trust," using a "standard contract," or signing a contract presented by the other party without review are all risky behaviors.
