How do you make a contract?

Question

I am trying to write up a contract between my online advertising business and local Bars. How would I get started, who should I talk too?

Answer 1

Agree on something and put it in writing.

Answer 2

To make a contract, you must have some basic elements.

To form a contract, you must be in the position to create such a binding contract. Being in such a position includes having the capacity to do so (for example, you, as the business is yours and you are the CEO) and reasonable age - minors under 18 are not allowed to form binding contracts. Once you are in this position, you are deemed to be in a legally competent state.

There must also be a meeting of minds - you must be clear on what you both want out of this contract. Meeting of minds can be inferred from speech, gestures or by writing. Meeting of minds cannot be said to be reached if you are playing around, or if there is no agreement on what you want, or if an agreement was reached, but it was reached because both sides are mistaken as to what you both want.

Lastly, there must be consideration. Without consideration there is no contract. To be simplistic, consideration is some sort of "payment" to the person in exchange for something, or something that you must give up in exchange for something else - for example, I pay $1 to Mr A in exchange for cleaning my windows. That $1 is consideration on my part, whereas Mr A's consideration is cleaning my window (he promises to do something, ie clean my window and therefore provide a service). Illegal acts are not consideration.

Talk to a lawyer friend, or your local business association. It is better for you to engage a legal professional to draft the contract so that there will not be any problems in the future as the contract is more likely to be "watertight".

All the best!

Answer 3

Rough guide:

1. Use specific and precise terms, never vague terms.
If something goes to court, a specific term is more easily proved.
Specify specific perfomance, like duration being x hours, etc.

2. Put in escape clauses; penalty clauses rarely work as the court will apply law of tort, etc; negligence is poor defense with part or incomplete performance; termination terms, e.g. what constitues a breach, remedies available, emoluments or commissions for due performance, what constitues a completed advertising project.

3. The obvious, two willing parties, offeror; offerer; distinguish invitation to treat as opposed to an offer; contract signed by two parties.

4. Get a lawyer to vet and explain the final copy before signing.
This will be your legal contract of performance of advertising services rendered for consideration. Consider regular or interim payment to avoid total non-payment.

Talk to the local council, town hall, the local chamber of commerce if there is one, stamp duties may be required.

Answer 4

You can go to Office Depot or Staples and look at standard contract forms they have.
I think you should hire an attorney to draw up a contract if it is for business. On line advertising of Bars sounds like new territory to me.

Answer 5

Also try checking places like Office Depot. They have premade contracts on carbon paper for many different types of business. It may not be very professional, but at the very least, you can copy the legal parts and mimmick the style.

Answer 6

mutually agreed agenda.