What makes a contract legal?

**saquatch84** · 11-21-2007 10:48 AM

Hey guys, I run a small web-development firm with my business partner, and we'd like to start drawing up contracts to go with our signed customer specifications. Do we need to see a lawyer to check to make sure they will be legal? Or can we do them ourselves? - and if so, how legally binding will they be?

**chriswick** · 11-21-2007 11:36 AM

Answer: What Makes a Contract Legally Valid

**stand856** · 11-21-2007 03:23 PM

great article thanks

**saquatch84** · 11-21-2007 03:34 PM

Thanks for the reply - its resolved a lot of my questions

**AstarothSolutions** · 11-29-2007 10:41 AM

You dont need a solicitor but they are highly advisable - for webdesign they should be able to create a generic template where you just copy and paste the individual details for each client/ project

**consumertreehouse** · 11-29-2007 04:13 PM

Always consult with a lawyer. Even thought there are a lot of business related things I would of done on my own; forming my LLC, Trademarks, Copyrighting, etc....I always consult with a lawyer and have them review all the paperwork that I have filled out.

**artistport** · 11-29-2007 08:37 PM

Great question, that link chriswick provided helped me also. I would think making your own contracts is legal, make sure your clients read it carefully because you don't want any problems.

**dfveteran** · 12-02-2007 08:39 PM

As far as i know, an electronic signature or real signature is all you need for a contract to be legal. Then anything on the contract is legal binding to the person/s who signed.

And yes get a lawyer to word it so you dont break any laws.

**akula** · 12-02-2007 09:26 PM

Originally Posted by dfveteran

As far as i know, an electronic signature or real signature is all you need for a contract to be legal. Then anything on the contract is legal binding to the person/s who signed.

not really. contracts don't need to be signed to be valid, and not everything in a contract is enforceable. some terms may be inequitable and become severed from the rest of the contract...such as unreasonably penalty provisions, or non compete clauses.

**BusinessAdviser** · 12-02-2007 09:27 PM

Its not about breaking laws, its about the enforceabilit of the contract. Yes, you can write your own contract, but no, it's not a good idea. An attorney should be able to draw up a contract for a few hundred dollars and tell you how to set up the electronic signature so as to make the contract enforceable. Good luck.

**dfveteran** · 12-02-2007 09:32 PM

Originally Posted by akula

not really. contracts don't need to be signed to be valid, and not everything in a contract is enforceable. some terms may be inequitable and become severed from the rest of the contract...such as unreasonably penalty provisions, or non compete clauses.

Cool thats good to know

**BusinessAdviser** · 12-13-2007 11:31 PM

Originally Posted by dfveteran

Cool thats good to know

Well, it's a little more complicated than that. In general, a contract must be signed by the party which the contract is being forced against. However, there are circumstances where the lack of a signature will not defeat a breach of contract claim, such as when services have been rendered already in reliance on the contract.

Basically, it's a very BAD idea to try drafting your own contracts. Can you do it? Yes. Can you enforce it? If it's done right. Lawyers go to law school for three years for the purpose of learning the ins and outs of the law. You wouldn't go to your neighbor the auto mechanic if you needed open-heart surgery, would you? View the couple hundred dollars as a one-time insurance policy that will prevent unbelievable losses later. That's a pretty damn cheap policy, if you ask me!

**eConstructive** · 12-14-2007 03:58 PM

That's very true! I'd rather hear a lawyer say the words "ok, now everything is ready and ok" than to keep second-guessing something I've drawn up myself and not be sure whether or not I am secured if something happens!

**BusinessAdviser** · 12-14-2007 04:32 PM

And you can always find attorneys to take a look at it during a free consultation. If it's good, you know then and it costs nothing. And if it's not, you get it done right.