Often the Court is asked to determine the intention of parties
to an agreement that was not reduced to writing. This is a
difficult task. Who does the Court believe?
Many of these situations could be avoided with even the simplest
of written agreement that confirmed in writing the key issues on
which the parties were ad idem (in agreement). To be helpful in
resolving a dispute in Court, an agreement does not have to be
elaborate or complicated. The written agreement may be sufficient
to avoid formal proceedings. All that is necessary is that it
confirms the major terms and conditions to which the parties have
agreed.
When parties, whether they be family, friends or arm's
length third parties, wish to enter a formal relationship granting
rights and imposing obligations one on the other, my recommendation
is that you "spend a little" to have the
agreement prepared by a lawyer. I recommend this as, in my
experience, it will likely "save a lot" in the
event the
