The practical case.
WHAT THEY ARE FOR
Recording what was agreed, so both parties remember the same thing.
NOT PRIMARILY ABOUT DISTRUST
Memory. Months later, neither party recalls the conversation.
WHAT THEY PREVENT
Disputes about scope Disputes about price Disputes about timescale Disputes about who owns what
WHAT HAPPENS WITHOUT ONE
Each party remembers the version favourable to them.
Neither is lying.
WHAT A WRITTEN AGREEMENT DOES NOT DO
Guarantee the other party performs Make enforcement easy or cheap Replace judgement about who to work with
WHAT IT DOES DO
Make the position clear Make disputes shorter Frequently prevent them entirely
HOW FORMAL IT MUST BE
Proportionate. An email confirming terms is a written agreement.
IMPORTANT NOTE
This article and the others in this category are general information, not legal advice.
For anything substantial, take proper advice from a qualified lawyer.
