Why bother with a written contract?
Jan 19, 2018
Why do you have terms of business? Why bother documenting your privacy policy on your website? Why bother recording any kind of contract terms?
Why do you have terms of business? Why bother documenting your privacy policy on your website? Why bother recording any kind of contract terms?
I practice commercial law and therefore in learning about my clients’ businesses and their objectives when instructing me. I also practice commercial dispute resolution. I therefore see some of the catastrophic effects of absence of planning and documenting arrangements within businesses and between businesses and between businesses and their customers. It is, therefore, easy for me to see the value in preparing a written contract and I know that if some of those who come to see me when I’m wearing my ‘litigation hat ‘had the opportunity again, they would certainly document their arrangements in written contracts and be careful in considering the contents of those contracts. Unfortunately, many corners are cut and I see the false economy of saving a small investment at the beginning of the business journey and the sometimes catastrophic consequences and crippling expense of disputes and litigation can occur as a result of this.
The purpose of involving a solicitor in recording agreements between businesses or in drafting terms and policies for your website or contracts between parties within the business is to try and achieve as much certainty as possible. It tends to be uncertainty and misunderstanding (sometimes very genuine misunderstanding) that leads to disputes and the fallout from them.
I respectfully suggest that the money that you might spend to have a solicitor receive your instructions, understand your objectives and deliver a document that delivers a far greater degree of certainty, is money well spent. On the other hand, you could just take your chances.
E: kh@walkerfoster.com or
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Powers of Attorney (PoA) and Lasting Powers of Attorney (LPA) provide peace of mind that, should you become unable to make decisions yourself, a trusted person you have chosen will act on your behalf. They will be able to manage your affairs in line with your wishes, ensuring important matters are handled with care and responsibility.
When someone dies, everything they own - known as their estate - must be carefully managed and distributed in accordance with their wishes as set out in their will. This process involves not only passing assets to the chosen beneficiaries but also handling debts, taxes and legal formalities along the way. For many, this can be a daunting and emotional task, especially during a time of grief.
When a loved one passes away, going through the process of administering their estate will always be emotional and complex. But when the original will cannot be found, the situation becomes even more difficult - raising questions about the deceased’s true intentions and creating uncertainty for those left behind.
After talking to clients about the planning of their affairs, we at Walker Foster discovered a common misunderstanding over the difference between an executor and an attorney.
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