Drafting of Contracts

If I use the back of a napkin to promise you that I’ll pay you for lunch tomorrow, that’s technically a contract. However, contract authoring is rarely as simple as this in the real world.

At least some legal experience is helpful if you want to create a contract that’s watertight and future-proofed, while you should also have a clear understanding of the terms that you want to include and the context surrounding the agreement.

In South African law, verbal contracts can be binding and enforceable, with some exceptions. Lease agreements and contracts for the sale of immovable property must be in writing.

A written contract is generally a good idea to ensure clarity, evidence, and easier enforcement of the terms.

Verbal contracts may be difficult to enforce because it may be impossible to prove the terms of the agreement, thetefore it is generally advisable to have written contracts, as they can help prevent disputes or misunderstandings.

Small-business owners, entrepreneurs, and senior-level managers must draft contracts to meet their business needs. As part of running a business, including a startup, you might need to write employment contracts, service contracts, nondisclosure agreements, independent contractor agreements, and joint venture contracts.

It is vital to obtain the help of a legal representative on how to draft a contract, whether you are a small-business owner or a senior manager of a company. This knowledge will help you craft a contract that will be of the greatest benefit to you and be legally defensible in court, while also preventing you from signing contracts that are not in your best interest. The drafting process itself will vary in the specifics from contract to contract, but follow the same basic process for most contracts.