{"id":4387,"date":"2016-04-04T10:47:30","date_gmt":"2016-04-04T15:47:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/business-contracts-forms\/write-a-business-contract-key-considerations.html"},"modified":"2024-06-06T01:24:16","modified_gmt":"2024-06-06T06:24:16","slug":"write-a-business-contract-key-considerations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/business-contracts-forms\/write-a-business-contract-key-considerations.html","title":{"rendered":"Write a Business Contract: Key Considerations"},"content":{"rendered":"\n
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Write a Business Contract: Key Considerations<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A contract is a legally enforceable promise<\/a> or, more accurately, a binding agreement. There’s a party who makes an offer and another party who accepts the offer. A court will enforce the contract in most cases as long as something of value is exchanged. When writing a business contract, all of these elements must be present so that a court can enforce the business deal if there’s any dispute.<\/p>\r\n

While oral agreements are sometimes used, it is always a good idea to have a written contract<\/a>, especially in business. Memories are notoriously fickle, and people often misremember contract terms. Also, if one party doesn’t want to honor the deal, proving to a court the contract terms becomes an exercise in "he said, she said." Therefore, it becomes crucial to have a written agreement that can serve as proof in legal disputes.<\/p>\r\n

Whether you are a small business owner, a startup, a freelancer, an independent contractor, or a business partner, understanding contracts and some contract law is vital.<\/p>\r\n

Write a Business Contract: Know the Basics<\/h2>\r\n

When writing a business contract<\/a>, keep in mind these fundamental elements:<\/p>\r\n