- Identify the parties. Corporations, individuals, trusts, represented adults, estates of deceased persons – all can be parties to contracts. It is essential to identify which capacity a person holding more than one such identity enters into a contract with.
- Name the terms appropriately. A lawyer must sometimes be a historian because legal terms have history. Plain language has its limits. Using the words “term”, “condition”, “warranty”, “severable”, to name a few, will get a drafter into trouble without specialized knowledge of their historical meanings in the contract context.
- Plan for impossibility of performance. Various clauses such as force majeure and early termination may assist.
- Anticipate the consequences of breach. Most contracts do not specify what is to happen in the event a party breaches the contract. The ability to so anticipate is partly constrained legally but may still be accomplished in certain cases.
- Oust previous dealings, or not, as the case may be. It may or may not be advisable to try and have a single written form speak entirely for itself.
- Deal with choice of law and jurisdiction. Both the governing law and the venue of potential proceedings should be considered, with further consideration also given to how they may overlap.
- Set the dispute resolution mechanism. Arbitration? Attempt to constrain the scope of trial by restricting set-off? These questions are known to rapidly become important.
If you require a contracts lawyer, Stewart Brownlee Law would be happy to speak with you. Please contact us by phone at (780) 800-5511 or by email to info@stewartbrownleelaw.com. We are located in North Edmonton and offer percentage fees or contingency fees in some contract cases.
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