A contract is a binding legal agreement that is enforceable in a court of law. That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy. Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda (usually translated "pacts must be kept", but more literally "agreements are to be kept"). Breach of contract is recognized by the law and remedies can be provided.
Every case represents a failure, sometimes failure of the drafter of the contract and sometimes the failure of the parties and their attorneys to resolve the dispute without having to go to the court. Drafting contract is essentially an art directed to avoid the pitfalls in a planning context, to prevent disputes and to protect the rights.
Specialty in drafting contracts for various purposes, be it business or personal. Our specific practice and provision in this regard includes:
• Assignment and Delegation provisions • Dispute Resolution provisions • Cumulative Remedies and Election of Remedies such as specific performance, monetary damages, equitable damages. • Warranties contract and breach of Warranties and Covenants • Indemnities • Guarantee and Surety • Force Majeure provisions • Confidentiality provisions • Merger and Acquisitions
"Tight compression of language does not ensure clarity and simplicity. The draftsman should condense his language only so far as it helps rather than hinders understanding" Dickerson, The Fundamentals of Legal Drafting.