Legal Sherpa briefing on reading and writing contracts
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| Who would have imagined that paying attention to English grammar classes would pay legal dividends? Remember the old "who", "why", "what", "when", "where" and "how" analysis that was applied to writings? Well, you can use the same structure to help ensure that all the important points of a written agreement are covered.
Who are the parties to the agreement? And who else has a role to play? Who is the agreement between? Have you got the right legal names and added the correct contact information: address, phone, e-mail, etc.?
Why goes the background to the agreement, so someone reading the contract has the context in which the agreement was formed.
What is the deal? Is it appropriately detailed?
When addresses time lines. Is time of the essence in meeting deadlines?
Where states the place of delivery or performance. The contract should also stipulate the place whose laws will regulate the parties and their conduct.
How much sets the quantities of money, work or goods to be delivered.
How often clarifies frequency and when the performance of the contract is finished.
How many ways can the contract end? Successfully? In an expensive lawsuit? With the help of a mediator? Are you properly protected in each instance?
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When writing an agreement always use the same word for the same concept. You get penalized for creative writing in legal agreements. For instance, a car should always be a car, not an automobile, or a sedan, or a vehicle. Try reading an agreement and answer the Who, Why, What, When, Where, and the Hows questions to better understand an agreement prepared by someone else.
Never sign an agreement you don't agree with or don't understand.
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