Language in the Contract

Make sure your contracts are clearly and precisely written. Each party should know precisely what is expected of him or her. The rights and obligations under the contract should not only be apparent to the parties, but also be clear to any objective outsider who reads the agreement. Contracts that are vague and imprecise are likely to lead to legal action.

Expressed and implied terms. “Expressed” terms are those terms that are stated in words in the agreement itself. “Implied” terms are those that do not appear in the wording of the agreement itself, but are deduced from the expressed wording and surrounding circumstances by necessary implication. They are terms that are so obvious that the parties did not see a need ...

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