If you have a service contract, you must have these clauses. Obviously, you include your price and service terms. These add extra protection to you. Additionally, all contracts need the essential elements of every contract. What is a Service Contract? A service contract is a contract that deals with the exchange of the labor […]
Updating Contracts Within Your Organization
Updating contracts is important. It is an ongoing task your company should be sure to pay attention to. What is a Contract? A contract is a legal instrument where two or more people or entities agree to exchange something or service of value. You can find more on what a contract is here. Contracts have […]
Sample Severability Clause
A Severability Clause is part of the boilerplate provisions you find in many contracts. It essentially asks the court interpreting the contract to ignore just the unenforceable portions of the contract. Absent this provision, a court may choose to throw out the entire contract if there are any issues. Simple Severability Clause If any provision […]
Unenforceable Provisions in a Contract
Contracts often have unenforceable provisions in them. Therefore, not every provision is binding. In our previous blog, we talked about what makes a contract. In this blog, we discuss these exclusions. Court Interpretation When we say something is excluded from a contract, we mean a court has reviewed the contract language and decided that […]
Sample Merger Clause
A Merger Clause (AKA “integration” or “entire agreement” clause) is a boilerplate portions of many contracts. They define the scope of the interpretation of a contract. Therefore, they can be incredibly useful clauses for protecting yourself! Merger Clause Benefits The length of your document becomes the downside of these clauses. The more words, the more […]
What is a Choice of Law Clause?
What is a Choice of Law Clause? Every now and then, this question comes up. Choice of law clauses are pretty common boilerplate clauses in contracts. These allow the contracting parties to specify which state’s laws are used if there’s a dispute. Choice of Law Example For example, if both parties are in North Carolina, […]
Sample Choice of Law Clause
Choice of Law clauses are often very important clauses in contracts. However, they’re not always that critical. Sometimes, especially in real estate or in-person consumer contracts, the law that is to be applied is chosen for you. For example, the purchase of a piece of real estate generally must be governed by the laws of […]
Contracts – The Statute of Frauds
When dealing with contract issues, the first question your attorney will probably ask is: did you get it in writing? The attorney isn’t asking to make her job easier. The attorney is asking because of a concept known as the statute of frauds. Generally, oral and written contracts are equally enforceable, but there are exceptions […]
Essential Elements of a Contract
In order for a contract to be valid and enforceable, certain elements must be met. The rule on this is actually different for sale of goods versus the sale of services, so this article focuses on services. The differences are subtle and will be noted. Also, it should be noted that just because a contract […]