Contracts
“An honest man’s word is as good as his bond.” – Miguel de Cervantes.
In our state, anyone’s word can be as good as his bond – because South Dakota recognizes oral contracts. But even honest people can get into plenty of trouble with oral contracts. Can you remember what you ate for breakfast last Thursday? No? Then how can you be sure that you and your tenant will remember your agreement to lease the south forty to him the same way?
A written contract protects the interests of everyone involved and can avoid a lot of trouble down the road. By documenting the details, both parties will know what is expected from them and what they’re going to get out of the bargain. A written contract may even help to protect you from liability if things go wrong.
How
Liability Releases
Litigation: A machine which you go into as a pig and come out of as a sausage. - Ambrose Bierce.
An unfortunate truth – no one can write you a liability release that will keep you out of court. However, a good liability release can vastly improve your chances of not losing a suit for negligence.
The best ways to keep a liability suit from damaging your business or your finances? Be diligent in warning and protecting guests (and especially customers) from hazards on your property, always carry liability insurance, and have all guests or customers sign a waiver before they hunt on your property, ride your horses, or allow their children to participate in recreational activities that you supervise or teach.
A good attorney knows Murphy’s Law – that anything that can go wrong will go wrong – and drafts her documents to protect her client against that misfortune. With years of experience managing kids, livestock and clients, Diana has a healthy appreciation for just how much can go wrong and how to plan for disaster before it happens.