In a misguided attempt to save costs, some businesses resort to “google” to get their contract instead of using the services of a commercial lawyer to draft one. This is when businesses just pick any one contract off their google search for the contract they wish to use. Almost always, problems will arise. Here are some of the dangers of using a contract from your google search:-
1. No Contract Is Ever Exactly The Same
Unless you are taking a bank loan, there are hardly any contracts that are exactly the same. Different businesses; different expectations. Copying a contract of another business may not give you the same results, or give you the protection that a contract provides.
2. Use Of Different Laws
The use of different laws is the most common way for me to find out whether a contract is taken off a google search. Besides the law, different terminology is also a sign that a contract is taken off google. Once I see these signs, I know that the contract would not be able to protect the parties should a problem arise. In Malaysia, often, contracts from the US are taken as contracts from there are easily available off a google search.
3. Different Clauses; Different Consequences
Much like a math formula, changing 1 clauses would usually have the effect of disrupting other clauses in the contract. Most clauses in a contract are inter-linked. Even a change in a word can affect the whole contract.
Businesses must always remember the reason why they choose to have a contract in the first place; to avoid disputes and safeguard their interests. Choosing to save money by using a contract taken off google would not help you. In fact, a weak contract may hurt you more than having no contract. The costs you incur in using the services of an experienced commercial lawyer will save you the pain; heartache; stress; and much more money than you would have incurred if you used the services of a commercial lawyer in the first place.
“It’s not money spent but money saved”
Nik Erman Nik Roseli
Commercial & Sports Lawyer | Mediator