How Parties’ Intentions Affect Contract Processes in Paper, Electronic and Smart Contracts
A website post by Jesse P. Elison of Fox Rothschild attempts to place in context negotiation processes by highlighting the significance of parties’ intentions to contracts.
“[H]ow often do parties, even sophisticated parties represented by counsel, intend all the terms of a contract? The answer partially depends upon whether intention and agreement are equivalents. If they are, the answer is most of the time, but if they are not, the task becomes one chiefly of interpretation—a topic for another day.”
His article explains that developing skills that get the best representation of your intentions into an agreement can yield long-term benefits.