Contractual Freedom and its Consequences for Contract Law

Posted on: April 6, 2015

Any time you need to draft a contract, seek the assistance of an experienced Arlington contract attorney. Although contractual freedom is a cornerstone of general contract law, that is only true as long as the terms of the contract don’t infringe on the relevant laws or are contra bonos mores, or against good morals.

Contract Drafting Basics

A contract is drafted between two parties that make corresponding declarations of intent. One party offers the terms of the contract, and the other party accepts them. These declarations may be agreed upon at the discretion of the involved parties as long as they do not violate applicable laws or are contra bonos mores.

Contractual Freedom and Contract Law

All types of contracts in civil law fall are subject to the provisions of general contract law, including rental contracts, service contracts and sales contracts. While drafting any type of contract, the applicable rules and provisions must be taken into consideration to minimize the risk of breaches of contract that may results in claims for damages.

Always Seek Legal Counsel when Drafting a Contract

The complexities of drafting a legally viable contract, even given the contractual freedom that goes along with it, demand the assistance of skilled legal counsel. The more painstakingly and carefully a contract is drafted, the less likely it is for issues to arise down the road. If a breach of contract occurs, it must be dealt with within the statute of limitations — typically three years — and should be enforced with the help of skilled legal counsel.

Contact an Arlington Contract Attorney

If you need a contract drafted, whether it’s a sales contract, a rental contract or any other type, don’t go it alone. Doing so increases the risk of breaches of contract and other problems later. Instead, contact an experienced Arlington contract attorney at Schleifman Law, PLC by calling (703) 528-1021.