A legal document is proof of a contract.
According to Black's Law Dictionary, a contract is an agreement involving two or more parties, in which all parties agree to certain actions. Legal documents are written proof of these obligatory contracts. A legal document can be used as binding proof in nearly all legal situations; to name just a few, legal documents are used in real estate, family law, intellectual property, and commerce. When drafting a legally binding contract, you must adhere to legality and articulate the actions.
- Address only legal activity in the written document. To be considered a legally binding document, the contract cannot involve illegal products or activities. Drugs, theft, and violence are three examples of subject matter nullifying an otherwise binding legal document.
- Address, in the document, two or more voluntary parties. A legal document is not legal if it involves only one party. Likewise, the document is not legal if one or all parties are forced into the contract. For example, if one party holds the other at gunpoint, forcing cooperation, the document is not legally binding.
- Ensure that all parties are of sound mind. Each person involved in a contract must be sane, sober, and of a legal age. Any contract involving an intoxicated, underage, or mentally incompetent individual is not legally binding. Expressing the Actions
- State an offer in the written document. The contract's offer states the obligations to which each party is responsible. The offer is typically conditional. Basically, Party A promises to do or give X, so long as Party B promises to do or give Y. For example, Party A could be a car owner, selling to Party B a vehicle, as long as Party B promises (and delivers) one hundred dollars a month for sixty months.
- Include an acceptance. In the written legal document, it must be apparent that the offered party agrees with what you, as the legal document drafter, articulate in the document. If your original document is not initially agreed upon by your offered party, you can include amendments and re-offer the contract. Not until both parties are satisfied, however, can a written document be legal.
- Include consideration. Consideration means that there exists an exchange between two parties. One party cannot solely receive, and the other cannot solely give. If Party A gives Party B a car, but does not specify consideration, the action is not legally binding. If Party B gives Party A something in return, however, the contract becomes legally binding, even if Party B gives Party A something as minor as a dollar. For your document to be legal, you must include evidence of an exchange.
Tips & Warnings
- Be as specific as possible. The more vague your document, the easier it is to refute. Stating one hundred dollars a month for sixty months, delivered by midnight on the first of each month is a much safer way than requesting six thousand dollars in sixty months. Have a legal professional review your document, and, preferably, offer advice. Lawyers and legal professionals are trained and familiar with potential loopholes.
- Review your document with great care. Because the written legal document is binding, all parties are legally obligated to adhere to the terms.
Source : Andrea Lynn Farkas
