写好合同的五十招英文版
2009-03-24 法律英语 来源:互联网 作者: ℃40. Stamp "Draft #1 6/22/2000" on it. This may be the first of many drafts, so avoid confusion early by numbering and dating all drafts at the top of the first page. It is also a good idea to write "DRAFT" across the face of each page to preclude the possibility of an impatient client signing a draft rather than waiting for the final version.
41. Let your client read it. Letting the client in on reading the first draft assures that your drafting will stay in tune with the client's wishes.
42. Save the drafts as multiple files on your computer. If you save the first draft on your computer as two files, you will have one file identified as the first draft and the other identified as the current version. This can be done by naming the current version "contract" and the first draft as "contract.d1." Then, subsequent versions can be named "contract.d2", "contract.d3," etc., where the "d" in the extension indicates draft. (Of course, if you're not using WordPerfect 5.1 for DOS, as I do, you can use long file names to show the contract name, draft number and draft date, such as "Contract Smith Jones draft 2 dated 6 22 2000.")
43. Compare the current version to prior versions. If you save draft versions, it is very easy to compare one version to another using the word processor's compare feature or using the CompareRite computer program. When you compare "contract.d1" to "contract.d2", save the comparison as "contract.c21" and print it to show the client what changes were made.
How to Print and Sign the Final Draft
44. Print the contract on 24 pound bond paper instead of 20 pound copier paper. Using a heavy bond paper will make it easy to tell the original contract from copies. It will also last longer.
45. Print on pages using the same paper, and if pages are changed, reprint the document using the same paper. This will avoid an argument that pages were substituted after the contract was signed.
46. Sign the contract in blue ink, not black ink. This, too, will make it easier to differentiate the signed original contract from photocopies.
47. Initial every page of the contract. Having each party initial each page of the contract will make it less likely that anyone could claim a page was changed after the contract was signed.
48. Identify the parties and witnesses who sign by providing blank lines below their signature lines for their printed names and addresses. This will make it easier to find the witnesses if the contract is contested. And remember to include two witnesses for commercial leases.
49. Be sure that corporate officers include their titles, the corporation name and the word "as." Failure to do this can result in personal liability of the officer. The proper way to sign in a representative capacity is as follows:
ABC Corporation, a Florida corporation
By:____________________________________
John Jones, as its President
50. Add a notary clause that complies with the notary law. The notary acknowledgement in Appendix B is such a clause.
Concluding Advice
If these 50 tips don't keep your contracts out of court, try mastering Strunk & White's Elements of Style*. I hear it's real handy in appellate work.
Appendix A (Basic Form of Contract)
CONTRACT
AGREEMENT made this _______ day of ____________, 20_____, between ______________________, hereinafter called "_______________", and ______________________, hereinafter called "_____________".
WHEREAS, ________________;
WHEREAS, ________________; and
WHEREAS, ________________;
NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties, intending to be legally bound, hereby agree as follows:
1. Recitals. The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference.
2. __________________.
___. Miscellaneous. Time is of the essence of this agreement. This agreement is made in the State of Florida and shall be governed by Florida law. This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. Paragraph headings are fo
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