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Contracts should have individualized drafting

On Behalf of | Jul 1, 2020 | Contracts

A contract is a critical legal document that a business can use for a myriad of purposes. A company may use contracts to establish agreements with vendors or other entities, and it likely uses contracts to secure employees into work roles. A well-drafted contract can protect a Michigan enterprise from legal challenges and costly litigation.

However, due to the diversity of types of contracts that businesses use, it is imperative that they approach each prospective contractual relationship with consideration and care. Contracts can contain boilerplate terms based on industries and standards, but the specific provisions that define contractual relationships can and should be modified to meet the needs of the parties. This post does not offer legal advice but provides information on some ways that contracts can be changed to meeting businesses’ interests.

A general overview of contract formation

Basic contracts generally contain three necessary parts: an offer, an acceptance, and consideration. An offer is initiated when a party proposes to take an action in exchange for an action, inaction, or payment on the part of the other. The other party can accept the offeror’s terms or can counter-offer to change the grounds of the proposed deal. Offers can also be rejected.

Once the parties to a contract agree to what they will exchange, they may determine the proper consideration, often compensation, to close the deal. Offers, acceptances, and consideration are present in practically every contract.

Ways to vary the terms of contracts

A contract can be created over any type of negotiation, and the parties can set the actions, costs, and remedies however they beneficially agree. Contracts can contain different damages provisions and can include provisions that directly address the specific need being filled by the agreement. In order to better understand how a general contract can be improved, business professionals can seek the counsel and advice of contract law attorneys who support entities in the drafting, negotiation, and review of the business contracts.