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We do it because we do not rely anymore on informal things. With mutual consent, a written agreement is better because we could bring it into court if ever. Oral agreement was way too passed from now. A contract or written letters are what necessary because it better suit our needs. All our terms and stipulations can be in it. It makes things easier for both parties. Whatever is agreed upon can be relied on because both has agreed to sign the agreement and have obligations to fulfill.
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What is a Written Agreement?
With contrast to oral agreement, a written agreement is an agreement that is done with the provision of a document or a written thing. It is a legal document that states the agreement between two parties. This could be a contractual relationship or an agreement telling of a grant of something. It gives some right to a party or both parties. It can also be called written contract. With or without addendum, a written agreement is binding and can be brought into a court of law. This agreement is basic in any kinds of dealings that we encounter in our lives. We use it in our employment, in buying services, in renting houses, and all other things.
Some example of written agreement are rental agreement, lease agreement, non-disclosure agreement, and prenuptial agreement. We use a written agreement to not let everything just remain on mere words only. Verbal agreement has disadvantages so a written agreement is more advisable. There are people who does not follow the terms that have been agreed upon if there is not a written agreement. That is why it is more than necessary. It would keep things perfectly.
Kinds of Written Agreement
As written agreement is often used, it has many kinds. It is good for you to learn some of its kinds so you would know what agreement you would engage into.
This is an agreement when a party would give a fixed amount of money to a second party for a future event that they have both agreed upon. In case the event would not happen, that second party would on the other hand, would give another fixed amount of money to that party. The term wagering is usually referred to as a Bet. There could be a risk because that party would give the money without a collateral or something in return.
A void agreement is an unusual type of agreement. This one is cannot be brought into a court of law. It is because an agreement, a contract for example, becomes void. The contracts may be nullified for a certain reason.
This is a document that tells that two parties or nations will do some actions. It is a pact that is governed by international law that deals with the mutual concerns of both parties. One of the examples is the pact of the pope to a head of state.
It is an agreement used in debts. It is a formal agreement of the issuer of debt and the debtor. Historically, it is also used when a person will give service to someone. It is a binding contract where that person will work for a particular period of time. It is used in some countries long ago, especially with European immigrants.
Treaty is almost the same with concordat as it is a written agreement within the international law. It is between two sovereigns. It can also be used by international organizations. It is also known as international agreement, protocol, or exchange of letter. Treaties are more complex than contracts. They vary in form and substance.
We have a one-sided agreement with a unilateral agreement. With this agreement, one party vows to pay the other party after a particular act happens. Offerors only has the obligations with this agreement. They would offer request for what they are willing to pay after an act was done.
The Things That are Included in a Written Agreement
Though agreements differ in type and complexity, there are some things that is needed to be included in a written agreement. Some of these are:
How well the two parties will execute the agreement should be placed in it. All the terms that they have to follow should be clearly stated. It is necessary that the parties will talk about these terms and agree on common things that they both want to fulfill.
There are things that both parties have to do to keep with the agreement. These are the obligations and duties that they have also to fulfill. A written contract would be useless if you will not put terms about obligations. Both parties should have their own responsibilities to do.
Almost all contracts or agreements have payment issues. Be clear about the payment terms. The way on how a party should be paid must be in detail. This should be done properly as this is one of the reasons that can cause dispute. Whoever should have the payment should be paid properly so put some care in payment terms.
The agreement should deal with liabilities. In case a problem arise, both parties should know what to do. Provide a solution for every problem that can be encountered. It is better to put these things so that both of you will be equipped of solutions that you can have with your written agreement.
Breach of Contract
The terms about the breach of contract must also be written. All the things that a party wants to prohibit should be properly detailed. Penal provision may be provided. The accuracy of breaches must be clear in each clause so the other party will fully understand the consequences. If it would be so, both of you can keep away from those things that can make you break the contract.
The thing that both of you had agreed on the agreement must be placed in an appropriate clause. It is a certification that both of you know all the terms and consequences of that written agreement. You can express it in 2-3 clear sentences that will acknowledge the consent of the two parties.
This states that the agreement will no longer be valid in case something unexpected happens. It could be a disaster like a fire event, or an earthquake. With these unexpected things, that both of you had no control and no one wants, there would be a consideration for the agreement. It would have no effect anymore.
This tells how both parties will handle disputes. A third-party would be involved here. It could be an arbitrator or a mediator. They are needed to solve the problem that can arise between the both of you. It would tell also of fees that are involved within the arbitration period.
Benefits of a Written Agreement
Written agreements are used more than an oral agreement because it has more benefits than it. You may want to know some of them.
How to Construct a Written Agreement
Because written agreements are common, you must know how to write it. A general contract may not be as easy to do, so you must consider these steps in writing a written agreement:
Step 1: Know the details of your agreement.
First of all, meet with person or persons that you are making an agreement with. Discuss with them all the details of the agreement. You can talk to them in phone or meet them in person. Take notes of all the things that both of you will have a mutual agreement. Both of you must be aware of all the things that you are agreeing about.
Step 2: Be clear with the negotiation.
Confirm everything with the other party so the things that you will write in your agreement will be final. You have to be sure that they completely agree with you in the first place. Negotiate about everything. Ask the other party if all the details of the agreement will be the best for them. If they have something in mind that concerns them, you must know so that both of you can talk about it.
Step 3: Draft the agreement.
Then this is your time to write your written agreement. With all the details, make the first draft that you can use in your final writing. Answer these questions while you are writing your draft:
- Do both parties completely agree with all the terms?
- Can we achieve our purposes with the agreement?
- Can we keep according to the agreement?
- How can I make the agreement as clear as possible?
- What are most important things in the agreement?
- How accurate can I make it?
Step 4: Structure the agreement.
After drafting the agreement, then it is your time to finalize it. Structure the letter well. Put the more important things first and write in clear sentences. Every clause should be definite and would be easy to understand. It is also important that all the details and the conditions that you have agreed upon are in the clauses and it should all be clear. At the end of the agreement, put a signature block for the both of you.
When Should We Write a Written Agreement?
You should always make a written agreement in every deal that you have. It is not good to trust at verbal agreement at these days. There are a lot of bad persons everywhere who could take advantage of you. So to be sure about everything, you have to make a written agreement in all that you do.
Can I Have a Handwritten Contract?
Yes, of course. A handwritten agreement is still valid as long as it contains your signatures. If you are not that tech savvy, you can still resort to handwritten contracts. There is nothing wrong with it. It is also binding in the court of law. You can also use it there in case there is a need for it.
The main reason why we resort in having written agreements is that we want to be sure that we would get what we want in all our engagements. We are also being wise to the current norms that people usually break their word if they do not sign an agreement. Having a written agreement sets us to a safer situation where we could have the security that everything would go well. So before entering any deal, be sure to make a written agreement first.