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  1. #1
    Join Date
    Oct 2012
    Posts
    4

    Default How to Draft Contract Clauses

    I want to add to a legal document about two issues can someone please just enlighten me how to include them in the correct wording? Its a contract.

    1. This contract is valid for an unspecified time period. This contract can be withdrawn by either party by giving 60 days prior notice.

    2. The contractors will not be held responsible for any legal issues/legalities during this project.



    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Draft Contract Clauses

    I don't know what the contract involves so I would suggest actually hiring an attorney to write the contract for you. The clauses you wish to include can be problematic or unenforceable if not written properly.

    To expand on that just a bit;

    the first phrase basically allows the contract to run forever. Contracts in perpetuity are a problem in themselves. Nobody wants to be engaged in a contract forever and it is unconscionable to consider engaging somebody forever, especially when you realize a contract does not terminate at the death of the parties of the contract.

    To the second phrase; It is so vague that basically, it is unenforceable. It would allow one party to literally steal from the other party without fear of being held liable for that criminal act. Yes, that is taking it to an extreme level but I am attempting to make a point to show the problem. It also purports to control acts outside of the contract which simply is not possible. That is unlikely to be the intent of the contract.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,025

    Default Re: How to Draft Contract Clauses

    Agree wholeheatedly with jk.

    You really need to get appropriate legal advice on this. Your inexperience and lack of knowledge in this area is huge, if what you're writing is any indication. (I'm not trying to insult you, I am making an observation that has great relevance to your questions.)

    And I still think a law student can help - many law schools have student law centres where students help people figure out legal issues and give them standard contract templates. There usually isn't a charge for this, and the students' work/advice is usually reviewed by their instructors.

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