How to Write a Legal Contract without a Lawyer

How to Write a Legal Contract without a Lawyer

The contract is the main source of obligations, it is the agreement that creates, transfers, modifies or extinguishes rights and obligations. In our daily life, we enter into various contracts throughout the day without even realizing it; for example, when we enter a restaurant we are entering into a contract because we are agreeing to a service. However, the most important contracts are in writing, as this is the way to enter into an agreement.

In every contract there are always plenty of legal terms and conditions which, regardless of the purpose of the contract, are included unchanged and often uncontrolled by the contracting parties. These terms and conditions are often referred to as "contract format" language. Most people don't think twice about these sections, and it is generally a non-testable topic. That is, until there is a dispute and the contract is used as evidence in court.

There are different types of contracts, but all of them must have the elements of existence and validity to fully take effect. The elements of the existence of a contract are:

  • Consent, and
  • Object that can be the subject of the contract.

Once the contract has been born, because it has both elements of existence, it can still be invalidated for four reasons:

  • Legal incapacity of any of the parties;
  • Voices of consent;
  • Because its object, motive or purpose is illegal, or
  • Because your consent has not been expressed in the manner established by law.

Since these terms can influence the outcome of a lawsuit, it is worth knowing at least their general meaning, and whether they can be negotiated in your favor.

Keep reading: How to prove you are not at fault in a car accident?

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