Frequently Asked Questions
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Contracts and Agreements
Have you ever considered why you should have a carefully drafted written contract? In most cases, the main benefit of a carefully drafted contract will become readily apparent when a problem arises. "Let's see what the contract says," is the usual comment in a dispute. Until then, the contract may have remained in a file.
What do I need to know?
When a dispute arises, having a contract that is clear and unambiguous and addresses the specific problem may keep a dispute from escalating. Anything that helps the parties resolve a dispute without litigation is well worth it.
If the dispute cannot be resolved and a lawsuit unfortunately ensues, a well-drafted contract can continue to benefit the parties. First, if the contract language is clear and unambiguous in the eyes (and the often peculiar language) of judges and lawyers, the dispute could be resolved in a more streamlined fashion. Second, if the contract comprehensively addressed various likely issues and problems, less time might be taken to resolve the issue. For example, including terms that are often referred to as "boilerplate" might serve the important purpose of keeping the parties from arguing over things that are not directly related to the dispute at hand, such as: what state's law will be used to interpret this contract? or does this court have jurisdiction to hear this suit about this contract?