Liability Release Form

When preparing legal forms and contracts, you should always pay close attention to the proper description and statement of the parties. In addition, the “name(s)” of the persons (or business entities, and in some instances “both”) which are going to be part of the agreement.

This may seem like general information but it really is so important to get the proper description (and statement) of the parties’ perfectly correct the first time. Consider this: you may not in (everyday talk) address somebody quite so formally in conversation or say in a business letter for example. This usually is the case if it is somebody you know really well. However, you should still insert in the contract their “complete name” instead of just a shortened version. For instance, type and/or write “Dr. Peter J. Jones” instead of saying “Pete Jones.” In the unlikely event, your contract ever gets involved in litigation then having the correct (and full) name of the parties is crucial.

Another important reason for having your contract include the right and complete usage of “names” is that it clearly outlines the parties to the agreement and the terms and conditions of an arrangement. By taking time to establish that ALL information (and pertinent) details are correct you will have peace-of-mind because there can be NO question about the parties’ intentions later. This is especially so whenever particulars have been changed and/or forgotten.

It is crucial that you clearly define the full and proper name(s) of the parties when you are preparing a legal form and contract.

In a case where you are doing business with a company, and especially if it is incorporated, make sure that you ask for an original copy of the articles of incorporation to verify that you have the name correctly. Because there is millions of registered businesses and corporations in America, and it has possible to insert the wrong name in the agreement because of “subtle differences” in names which are very similar.

In some cases, it may be almost impossible to bring about a successful legal case for say “breach of agreement” because a knowledgeable lawyer representing the other party claims you have actually been dealing with some other company and not that of his clients. For example, you may have entered into an agreement for a specific business service on behalf of your customer, say ACE Fencing Supplies. You may think that the correct company name is ABC Fencing Supplies, but the actual name on file lodged with a government agency may be ACE Fencing & Supplies Inc.

This may not seem like a big difference to you but in a court of law, the judge may have second thoughts about awarding you damages if for argument sake, your customer does not pay you.

An equally as important issue for you to consider when preparing a contract whereby you enter into business dealings with another local business is that you properly identify the state of where the business is actually registered. You should ALWAYS clearly state in the contract the full name of the business and precisely where its offices are located.

Remember that the more precise you are in “identifying the parties” the better the chance of avoiding any legal problems if it ever ends-up in a court of law.