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contracts

  • 08-03-2006 12:28am
    #1
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭


    hypotethically if a person was to type up a general agreement that sets out fairly clearly rates, commisions etc and both parties sign in full understanding of it (and its stated on the document) is this legally binding or would that person have to go to a solicitor and get him/her to draft one if they wanted to use a fairly general one for all of my clients and haven't really got the funds to part with


Comments

  • #2
    padser
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    I think the question needs to be rephrased to become more hypothetical.

    Assuming its a hypotethical situation and not one seeking legal advice.

    There is no need for a solicitor to be involved for a document to be legally binding. Provided its clear, unambigious and signed by both parties it will have legal effect. The downside to not going to a solicitor is that you may miss things, and forget to include things that a person with legal background would not.

    Also there are certain rules in a contract that must be adhered to. For example you cant put in a clause designed to penalise someone for breaking the contract. If you put something like this into the contract the rest of the contract would still stand (normally) but that cluase in question might be sturck out.


  • #3
    miju
    Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    thanks man


  • #4
    Savman
    Closed Accounts Posts: 8,323 ✭✭✭Savman


    miju wrote:
    hypotethically if a person was to type up a general agreement that sets out fairly clearly rates, commisions etc and both parties sign in full understanding of it (and its stated on the document) is this legally binding or would that person have to go to a solicitor and get him/her to draft one if they wanted to use a fairly general one for all of my clients and haven't really got the funds to part with

    I know the feeling :rolleyes:

    I read somewhere before that it can work both ways. In a sense it'll work FOR you to say you and other party agreed such n such on such a date.

    However it could just as easily work AGAINST you because chances are you will miss something or fail to properly clarify a particular condition of the agreement.

    So its 50/50 but in a short answer YES it would have legal significance - you'd just have to go to a solicitor to enforce it thru the courts so you end up using them anyway :D


  • #5
    Zaph0d
    Closed Accounts Posts: 756 ✭✭✭Zaph0d


    There's a short sumary of the key elements of a contract here: http://www.ucc.ie/en/SupportandAdministration/PoliciesandProcedures/ProcurementtoPayment/ContractLaw/

    I find that lawyers tend to introduce ambiguous or incomprehensible language into contracts. I have been given 11 page contracts that could have been written in 1 page presumably consisting of wadges of victorian boilerplate nonsense copied by the firm through the ages and unread by all parties.

    Some lawyers hold up business decisions while they draft provisions for events with a near zero chance of happening. When you finally ask them to sod off because you have run out of time and risk losing business, they write you a letter saying that if anything goes wrong they told you so.


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