ok, i have a silly question im really starting to get inot wedding cakes and want to do a contract. my question is how do you go about makin it legally binding, do you write your own, does a lawyer have to approve it. any help would be greatful. thanks julia
Good question, I'd love to know that.
From what little I've read, all that is required for a contract is an offer and acceptance. That's why oral contracts are binding. I have my clients sign a contract that I drafted, and I figure I have proof of offer and acceptance, so I'm good. But that's not based on anything a lawyer told me.
The one I used for years I pretty much copied from someone else (why reinvent the wheel?). when I formed my LLC this past year, I had my attorney look it over and he gave it his stamp of approval with no changes.
Anytime you are dealing with a matter of law, it's always a good idea to get an attorney's blessing on it.
To paraphrase from one of Martha Stewart's books: If you think you are saving money by not getting a lawyer in the beginning, you'll just end up paying for it in the end.
Offer and acceptance are necessary for a contract to be binding. So is consideration. One party has to give something to the other party. In this case, it would mean payment. Get a deposit.
While oral contracts are ususally binding (there are exceptions) they are harder to prove. Get it in writing.
Just a little advice from a former lawyer.
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