A valid business contract is a written or spoken agreement between parties where the following exist:
- An offer was made and accepted.
- Something of value was exchanged.
- Everyone signing the contract is of sound mind, understands the contract terms, and consents to them.
- The contract details legal acts, not illegal acts.
Entrepreneurs will have to deal with several different types of contracts on a regular basis to conduct business. Property rental contracts, employee contracts, service agreements, and more are just some of the types of contracts that business owners often use.
Establishing a valid and legally enforceable contract that benefits your interests means making sure that the contract is written strategically. Signing off on a contract that has language that does not benefit your interests or that connects you to certain obligations that you cannot fulfill could put your company and yourself in legal jeopardy.
If you are a business owner in California, it can be advantageous that you have an attorney assisting you with the drafting and review of any contracts you enter into. The Los Angeles business attorney at the Leiva Law Firm can assist you with both contract formation and can also review any contracts you are considering to ensure that the terms are favorable to your interests.
Partnering with a Lawyer when Signing a Contract
While there are certain elements that must exist to make a contract valid, a contract can be enforceable whether it is written or spoken. It is usually advisable to always err on having contracts in writing because then if there is an issue that arises, it is much easier to prove and pinpoint the problem. This allows greater ability for legal recourse should a breach of contract happen.
There is no requirement written in the law that says you must have an attorney when drafting a contract or reading one and signing it. However, a lawyer can be an advantageous partner with contracts in many ways. For instance, a lawyer can make sure that the legal terms of a contract are drafted with your best interests in mind. Or, that the contract is signed and is actually legally binding. If a contract is signed by not legally binding then should a breach occur, it will be very difficult to remedy the problem in court.
A contract lawyer will be able to make sure all the T’s are crossed and I’s dotted to keep you and your business in good standing. You can discuss what your goals are with your attorney and what the contract is meant to accomplish. Your attorney will use your feedback to help you draft the most advantageous contracts or give you legal advice to assist you with decision-making.
Speak to an Attorney at the Leiva Law
If you are seeking to draft a contract or to sign one, having an attorney assisting you can protect your interests. For help with contracts in California, please call the Leiva Law Firm to schedule a time to meet at (818) 519-4465. Initial consultations are complimentary.
