‹‹ Return to Services

Contracts - Drafting

Who Needs This Service?

Any person/business that is about to enter into an agreement with another person/business. The possibilities of the types of contracts are endless. A few examples include sub-contracting work, employment contracts and rental agreements.

Learn Something About The Law

There are 7 essential elements for a contract to be valid, they are:

  1. Intent to Create a Legal Relationship
  2. Offer and Acceptance
  3. Consideration
  4. Legal Capacity to Enter into Contracts
  5. Genuine Consent
  6. Legality
  7. Certainty of Terms

(there is a huge body of law that defines each of these elements)

If any of the elements are missing the contract may be considered Illegal, Unenforceable or one of the parties can decide the contract is Void (it does not create any legal rights or obligations).

Pitfalls

  • Some people try to draft their own contracts by using documents they download from the internet or get from colleagues or commercial kits. The problems I have encountered with these situations are too numerous to include here. Some examples include: reference to clauses that don't exist, inclusion of laws of a different jurisdiction and absence of important protective terms.
  • Some people choose to not sign a written contract relying on the fact that they have a great relationship with the person/company they will be doing business with. However, a written contract is for times when things go wrong, not the beginning of the relationship. A properly drafted contract will outline what each party is responsible for so that when things go wrong everybody understands their rights and responsibilities. This prevents fighting that could end the relationship.

To Do

  1. Write out the important deal terms (the who, what, where, when, why).
  2. We will create a draft of the contract and discuss the important clauses.
  3. We will provide you with a final draft to present to the other party unless you instruct us to negotiate with them directly.

Contact Us

Please do not hesitate to call or email us if you have any questions about contracts.