“It is beyond a doubt that all our knowledge begins with experience”
-Emmanuel Kant-
-Emmanuel Kant-
A good indicator and breakthrough in your professional and or charitable development is when you stop using and or listening to meaningless expressions with hardly prosecution’ value such as “trust me,” “we shook hands!”, “I promise,” “he and or she said,” “we are family,” “don’t worry,” “I give you my word” and others; these are only smoke and mirrors.
In addition to all requisites and other formalities, tailor-made augmenting and completing well-written contracts can mitigate human deficiencies such as limited memory, emotional instability, gaps in understanding and or anticipations, and other factors that under circumstantial and or emotional changes may differ.
We compare a contract to a piece of art, and yes, not every attorney can ascent the challenge. Agreements are like a two-ended sword that if handled poorly may yield the opposite to the desired outcome. To elaborate a contract, start with a writer that knows the parties, the subject matter and the law and also has the time, integrity and conviction to complete the work.
If no experience and or expertise in the subject matter exists, the chance of producing a decent agreement is coincidental. Focused attention is vital to creating practical, free of error agreements. If and when you identify, that many sections were COPIED AND PASTED from other documents, seriously question the compatibility of each item to its purpose.
Contracts must be understandable, functional, enforceable, drafted in the jurisdiction’s language, should include all parties, transactions, matters, terms and conditions, rights and or obligations and should reflect the purpose, spirit, essence and provide complementary remedies for a wide range of probable and relevant future micro and or macro events.
When you receive the initial draft of an agreement, read it before any explanation, if unclear, don’t accept it. Turn on the track changes and start the drill. Don’t return a draft without all changes marked; respect others time. Repeat the process until each item in the agreement is clear to all parties. If you get nowhere, replace the author, do not compromise.
Let’s assume that you executed a strong agreement where all parties are content. The enforceability of that agreement depends on one’s ability to effect protocol and formalities respecting the evidence act and due process. Without that, it is very complicated to enforce any contract through ordinary proceedings.
Don’t work with parties that believe and or act as if they are above the law. If you are already in this situation, separate yourself from them utilizing a well-planned strategy. Investigate and reject any use of illicit concepts and or actions in your dealings, no matter what. If you cannot enforce your agreement through justice, the contract’s purpose is defeated.
A contract must include smart rules, incentives and quality securities that make it more prudent and less costly for the parties to perform versus breaching the contract. Through independent due diligence, find out if the other party intentionally executes contracts and violates them as part of an unethical strategy. If so, follow the advice above.
In today’s emerging environment contracts need creative thinking to regulate arrangements. Law-Makers and other judiciary parties are not always familiar with all elements in question, technology, terminology, and or others: legislation and compliance analysis and the Judicial approach to a proposed contract are basic to achieving contractual excellence.
To achieve brilliant contracts, you require skill that follows experience, expertise and an endless appetite for studying, conviction to research the truth, integrity, and lasting self-control. You must ask the right questions, challenge assumptions and or models, examine the law, rulings, precedents, statutes, and you must invest the time in intervals as necessary to obtain outstanding results.
Adopt an urge for compliance as an inherent part of your conduct, develop zero tolerance for bad practices and or parties, and operate under firm agreements. That is the safe road to achieving outstanding agreements and a peaceful, productive and honest lifestyle.
For your next Contract, think CAPEX, thank you for your time.
Daniel Portnoy
President & CEO
Capex-World Corp.
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Thank you
Daniel Portnoy
President & CEO
of Capex World Corp.