Do you find yourself requiring something in writing to document “a promise”? You probably understand the importance of putting things in writing, so we won’t go into that. This blog post will briefly highlight some key aspects of a simple contract from a Western Australia context.
First, a bit about BMS LAW, Perth lawyers. As a general legal practice with a focus on dispute resolution, our lawyers are well-versed in various areas of law which allow proven and practical application of legal theory to real world issues which our clients face daily.
Requirements of a simple contract
A simple contract must satisfy a few important key things which lawyers refer to as “elements”. These elements are a checklist to ensure a contract is legally valid and legally enforceable under general law.
These simple contractual elements include:
An offer;
Acceptance of that offer;
Whether there has been an exchange (consideration); and
Whether a contractual relationship was contemplated (intention).
Once a simple contract satisfies the above elements, a simple contract is created under general law.
Even if the above elements are satisfied, this does not mean the contract is ironclad (e.g. going to hold up in court). Ask a lawyer at BMS LAW why that is. (08) 6389 0270 or email info@bmslaw.com.au
Simple contract in writing, does it matter?
There is no general requirement that simple contracts be in writing before they are valid or enforceable. It is definitely preferable though that any contract be in writing. Sometimes the circumstances prevent this from happening.
Problems with poorly drafted contracts
Having a contract drafted by a Perth lawyer at BMS LAW can greatly improve the chances the contract holds up if challenged in a court of law. Many clients who draft their own simple contract end up spending much more on having the simple contract re-drafted by a Perth lawyer.
The worst situation is relying upon a poorly drafted contract in court.
Benefits of a Perth lawyer drafting a simple contract
There are numerous benefits of a Perth lawyer drafting a simple contract. The most obvious one is that the terms under agreement are clearly documented.
Other benefits include:
All parties to the contract are clear on their contractual obligations to each other;
Peace of mind knowing that the contractual terms are documented in a legal fashion;
Peace of mind knowing that the contract is more likely than not, going to hold up in court if challenged; and
Important clauses or terms of the contract which laypeople do not usually know or consider, are usually drafted into the simple contract.
Do you need help drafting a simple contract?
If you need assistance with drafting a simple contract, our Perth lawyers at BMS LAW are always ready and willing to assist. Our contact details are listed below.
Tel: 0863890270
Email: info@bmslaw.com.au
Visit our website to learn more about us and see why our clients continue to recommend us time after time.
Alternatively send us a quick message on LiveChat or fill in our quick form and we will get back to you.
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