To enforce a contract, you must be able to prove you have a legally valid document. The law outlines specific requirements that you must follow.
According to the California Legislative Information, all contracts follow the same rules and intention plays a large role in the interpretation of a contract. There are some specific elements you want to ensure your contract contains in case you do need to go to court over a disagreement.
Language
One of the biggest issues which causes the parties to a contract to end up in court is unclear contract language. The law says interpretations are made at face value, using the circumstances and intentions at the signing of the contract to determine what the language ultimately means. If the court’s analysis is unable to discern the parties’ intentions, the contract will be interpreted in favor of the party who did not originate the agreement.
The court has the ability to reject anything unclear or that seems nonsensical. It also will not validate anything illegal.
Signatures
A valid written contract must include the signatures of all parties. The signatures must be captured in a legal and valid manner, such as by hand or through proper electronic means.
Offer and Acceptance
The basic requirements of a contract are an offer and acceptance of that offer. There is no contract if these are not included in the language. In addition, the offer and its terms must be reasonable.
The Bottom Line
Ensuring you have a solid contract means making sure everyone understands and agrees to each detail. Each contract also requires essential elements to make it legal.
