A perfect contract, drawn up by an experienced contract lawyer, clearly sets out what the parties have agreed upon. It seeks to reduce the likelihood of a dispute and, if one arises, will minimise the impact of that dispute.
Ideally, the perfect contract will be put in a drawer and never be looked at again. The parties know exactly what they have agreed upon and honour that agreement so that the written contract is not needed. Unfortunately, this is not an ideal world and often the written contract will be needed to enforce promises made and agreement entered into by the parties.
When a dispute occurs, a clear and easily understood document will have anticipated the potential issues, often allowing you to avoid the need for a court of law to be involved at all. This is where we can assist.
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At PCL Lawyers, we offer contract lawyers in Melbourne who can provide comprehensive legal advice for almost any type of contract. We are well experienced in drafting contracts for various commercial or personal purposes and we can also review contracts drafted by someone else. Whatever the case, you want to be sure that you have experienced and knowledgeable contract lawyers in your corner – which is exactly what you get with our firm.
Having a contract reviewed by a lawyer before signing on the dotted line is essential:
We frequently represent clients who never obtained advice in the first place and who then have to fight it out in the Courts. It is true that the best cure is prevention. Getting it right at the outset is always money well spent.
A contract can be either in writing or agreed to verbally. There are a few exclusions to this such as real estate contracts and contracts of guarantee – they must be in writing. The issue with verbal contracts is that they are hard to enforce and that is why most contracts are in writing.
A verbal contract does not clearly outline what the rights and responsibilities the parties have under the contract and whether there is a breach of those. It is always best to enter into a written contract to protect yourself if something happens.
If you have entered into a verbal contract the essential elements of a contract need to exist for it to be a contract. These are acceptance/offer; intention to create a legal relationship and consideration (money).
You can take steps to validate a verbal contract and some of these are:
Taking these additional steps will assist if a dispute arises and there are any claims in future for liability etc.
It is important to have clear written agreements and contracts in place if you routinely do work for other parties so that all parties have a clear understanding of what is expected. A contract lawyer can prepare these contracts for you so that you are protected in the course of your business.
If you need legal advice, we can be contacted on 1300 907 335 or via the contact form on this page.