A
well-written contract is the heart of any successful business and serves as the
foundation of any transaction done by businesses. A contract is a legal proof
of any transaction, agreement or trade done between two businesses. But more
often than not, contract drafting is undermined by businesses and this leads to
major complications in future.
Business
cannot only rely on shake hands and vocal commitments, there has to be a
written, law abiding proof of the agreement. A contract lays the
foundation for anything you or your business might do, and protect your actions
by law.
Various types of contracts:
Sales
of service/ Goods Contract
Terms
and condition of use
Lease
contract
Agency
agreements
Distribution
and Franchise Agreements
Partnership
agreement
Intellectual
property contract
Employment
contract
And
many more, any time you or your business interact with another business or
individual- there is a contract for it. This explains the dire importance a
well-drafted contract.
Here
are our few tips to consider before contract drafting.
1. Never
do anything without a contract or an Agreement: Businesses don’t
run on trust. So trusting your partner over a shaking hand or over a verbal
agreement can lead to disastrous results in future. However old you
relations might be, it is always worth taking an effort to draft a legal
contract- so you are protected in case things go wrong.
2. Seek
expert help if necessary: Drafting a contract is an art, as well drafted –
well-organized contract can help you negotiate over important trade aspects. It
also makes sense to add a non-compete or other similar clauses to protect and
secure your business. Contracts also allow you to discuss future of your
partnership and what should happen if someone violates the contract.
3. Take
your time to read through the entire contract: It is always a good idea to read
the whole contract before you sign it. As once you sign the contract, you
cannot break free from it without legal consequences. That is why it is
recommended that you read the entirety of contract, word by word and then sign.
4. Perfect your language: While drafting a contract you need to be very precise
and accurate about your goals and describe them in plain, simple to understand
English. Each sentence should be less than 25 words and must be easy to
understand. Avoid long, confusing and complex sentences. Remove redundancies and only talk
about essential points. Avoid
passive voice and minimise the use of prepositions. Avoid non-professional
language. Draft the contract as if an 8th-grade student was going to read it.
Keep the writing simple, clean and precise. Avoid jargon and confusions.
5. Organise your Contract: When writing a contract, think of you creating a book
and each clause you add represents a chapter in that book. Organise those
clauses in such a way that your contract flows smoothly and talks about each
point only once. Make sure you define terms used in the beginning of every
section and feel free to reference to it later in the contract when required.
Choose
your words very carefully, as a small mistake might cost millions in future.
We
at pnjlegal.com offer professional contract drafting services.
We, "PNJ Legal
Consultants" are one of
the well known organizations engaged in providing Consultancy Services keeping
in mind the Client Service Mentality.
We
have a team of highly qualified professionals and time to time training is
provided by us as per the requirements. Our team members deliver excellent
performance in providing these services and our clients can avail the services
at affordable prices.
Our
sophisticated team has complete knowledge of various exercises and
technicalities that are used in our services. Our services includes Strategy
Consulting, GST Consulting, Asset Management, Feasibility Study, International
Arbitration, Due Dilligence, Franchisee Consulting, Financial Audits,
Operational Audits, Tax Heaven Registrations, Shareholder Agreements, Start up
Consulting, IP Consulting, Taxation Services, Accounting system design and
Mergers Acquisitions.
Contact at parascs@gmail.com or refer website
www.pnjlegal.com
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