Why Do We Need a Contract: Everything You Need to Know
Why do we need a contract? Entering into a contract is the best way to set out the terms of an agreement while legally protecting yourself and the other party.3 min read
Why do we need a contract? Entering into a contract is the best way to set out the terms of an agreement while legally protecting yourself and the other party.
What are Contracts?
A contract goes beyond an idle promise. Two or more parties must enter into an agreement and bind themselves to certain legal obligations on both sides. The parties much agree to exchange considerations, which hold some value. Examples of considerations include providing personal property, performing certain tasks, or agreeing to take care of certain responsibilities upon the meeting of conditions.
Contracts can get bad reputations, but they're important in a variety of applications. Some of the negatives that people associate with contracts and legalese, in general, are that they are boring and complex, but that they are a necessary hassle to go through in a society that has a lot of rules and procedures. Although the involved parties don't necessarily have to write out the terms of a contract in order to make it legally enforceable, having a written contract is usually a better idea than relying on an oral contract.
In simpler terms, a contract is an agreement between two or more parties that outlines legally enforceable obligations. The involved parties will set out the rules, responsibilities, and mutual rights. These often include details about:
- Other important details.
Contracts regulate the relationship between the involved parties by outlining the scope of the work and the conditions of the agreement.
When a contract is written, it provides certainty and holds more weight than a verbal agreement. Spoken words are more challenging to enforce from a legal perspective. Signing a written agreement helps to minimize the risk of violating the terms or experiencing other issues with the other involved party. When both parties understand the terms clearly, you can avoid misunderstandings and misinterpretations. Even if the parties in an oral contract have the best intentions, it's easy to forget the exact details if they're not written and available to review as needed.
If a dispute arises, a verbal contract could be binding and valid in a court of law. This could even apply to a simple handshake agreement. However, since it's not always enforceable, it's risky to enter into a verbal agreement and expect it to turn out as well as you hope.
Reasons Why You Need a Contract
A contract outlines the details of the involved parties' responsibilities. Instead of worrying about what you're expected to do or what the other party is supposed to do, you can easily review the terms when the contract is written down. By using only written contracts, you can reduce the risk of disagreements or confusion.
Contracts also help to bind the involved parties to the duties they have agreed to perform. If one party tries to back out of the terms, it can cause disruption. A contract legally binds those involved to the description of the duties outlined, which can eliminate the risk of someone trying to back out at the last minute.
A contract can also establish a timeline for completing certain tasks or duties. If you need a job completed within a certain timeframe you can include the terms within the contract to make sure the work is done. Consultants might also outline the requirements to provide timely access to certain personnel to handle certain tasks.
Contracts also provide the option for recourse if one of the parties doesn't deliver on their promises. If the contractual relationship declines, the agreement will outline the steps required to dissolve the contract without having to take more drastic measures. A contract makes it easier to protect yourself legally as well. Contract laws can be confusing and complex, so having an agreement outlined will make it easier to navigate the terms.
Businesses may break laws unknowingly, but they are still held responsible for the penalties associated with such actions. When using a contract drafted by an experienced professional, the business can avoid breaking laws and avoid legal action or penalties. Some people try to use contract templates they find online, but these documents won't offer the same level of protection because they don't necessarily apply to the industry or unique needs of the business.
If you need help why do we need a contract, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.