Legal Question in Business Law in California

If I am contracting out work (virtual assistant) to someone outside my state and country what form would I use to to contract them? Would a regular contract with addendum work?


Asked on 3/24/14, 3:15 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The most general answer that can be given to this question is, "Use a form of contract that will be understood and enforced in the country where enforcement is most likely to be needed." However, this may not be the right answer for you; I'd start out by trying to get the other party to agree to a contract written in English, to be interpreted under the laws of California, and with jurisdiction and venue in your county. The other party may not agree, or, if time came to enforce it, the other party might not be easy to serve and/or to collect judgment. You may want to check their references carefully and/or contact the trade officer at their country's embassy or consulate. Look into their insurance and whether they are licensed and bonded. Another possibility is to retain an attorney in the other country. A lot depends upon the similarity between that country's legal system and ours. Most of the former English empire countries have a fairly similar system with regard to business contracts. Finally, a lot depends upon the size of the contract..... are you planning to spend hundreds, thousands or millions of dollars? If it's a small contract, maybe you should insist upon an English-language contract enforceable here.

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Answered on 3/24/14, 3:37 pm


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