Contract Forensic - A Seed to Business Investments
August 14, 2022By Advocate Naveen Kumar Shelar
Every contract has its specific genetics and every contract is made to serve a specific purpose, generality may pollute the purpose of business.
Let's take an example
“ One or more component of any automobile may use to another brand of vehicle, as one component of Car or Bike, may use sometimes, but not all components can be used to build another brand of vehicle, though, it falls under the same category of vehicle, a car or a bike.
Let's take another example
It is not possible by giving a description to the garment store we can have a perfect shirt or trousers, until and unless we tried them or altered them.
By using such a template completely without doing forensic with it, or considering the nature of the business, its strategy, its mission, its vision, its internal and external policies, and procedure, it will certainly prove to be an unguided missile rather than a medicine.
Drafting any agreement is a specific legal science, which required pre-supposes experience combined with a fair appreciation of legal implications, both substantive and procedural. Without true knowledge and placing an appropriate word in the contract may cause the virus, resultantly, increase cost, unwanted trouble, and wastage of productivity. It is also important to understand contract forensics is a technique formulated with an eye to relevant law with an objective to bring about excellence and help to eliminate needless controversy relating to interpretation.
Consult: Top Corporate Lawyers in India
The founding stone of contract forensics is “ Protection of Business Investment” unfortunately, the trend to formulate any contract is “ intention of the parties” that runs the risk of being miscarried unless expressed with precision in guarded language, by a contract forensic expert.
The contract forensic expert not only synchronizes the sole objective of the business, its vision, mission, etc. But use forensic techniques with reference to the statutes and up-to-date decisions of the Apex Court and High Courts.
Unfortunately, most of the time the work of convincing is done by plain drafting mind, without really consulting the other important aspect of forensic, in such conditions, it lost its geographic utility, or sometimes it is difficult to understand even by lawyers or somewhat difficult to adapt them properly to the specific needs of the parties.
Contract forensic is a process that sets out a contract in a simple language, devoid of highly technical expressions as far as possible, but no attempt has been made to revolutionize the entire system, with a centrifugal force of protection of business investment.
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These articles are provided freely as general guides. While we do our best
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they are accurate or appropriate to your situation, or take any
responsibility for any loss their use might cause you. Do not rely on
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