Even if a primary contract and a letter are two independent agreements, the content of the primary contract may affect the letter. Once the validity of the two contracts has been verified separately, the consistency of the two documents will have to be verified. The preamble to the mailing note will both determine the intent of the parties and justify itself when it is made public. Due to the confidentiality of the letters, the confidentiality clause will also be a key element in determining the degree of (non) disclosure desired. Both letters are often used to confirm additional details that are not known when the main documents are finalized, or to clarify certain points. If you feel that a letter is important or necessary, we are informed when developing and negotiating these documents. in some situations, they are also called comfort letters. Get in touch with me to discuss how we can help and what it will cost. If you need a secondary letter for business reasons, contact me, or maybe we can help you with other business advice or other contracts? To increase secrecy, parties to an alternative letter sometimes choose to keep it in trust.
In this subsequent situation, the parties must carefully develop the instructions they wish to give to the agent and may decide to recruit lawyers as agents in order to use the legal privilege associated with this profession. Some do not apply to all agreements (I), others only apply to some (II). The content. A letter contract is usually printed on the sender`s header and includes the following: The problem with a letter is that its validity as a binding document can be easily questioned, even if the intention of the parties at the time of execution is that it is legally binding, and this was underlined in the case of Barbudev against Eurocom Cable Management Bulgaria EOOD and others ( EWHC 1560). The final criteria, and probably the most important, are consideration (a form of payment). Consideration should not take a monetary form and can only be a mutual advantage (or disadvantage). As a general rule, a letter is used to clarify the details of the contract and, therefore, the need for consideration is satisfied, since there is a benefit to both parties.