HOW TO AVOID DISPUTES IN CONTRACT

Everyone concedes that the best time to think about possible disputes is when the contract is being negotiated and drafted. The best contract drafters anticipate possible impediments to performance and try to write contract provisions that permit the contract, when appropriate, to flex with changes in circumstances. While flexing may not necessarily be suitable for each and every contract (some parties require an extremely rigid contract), it is often possible to draft clauses that permit a little "give" in the agreement; thus avoiding an outright breach simply because something has occurred that the parties did not contemplate at the drafting stage. This concept, often referred to as contract adaptation, may appear in the express provisions of the contract or may be provided through certain gap-filling measures found in the underlying law of the contract.