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Zombie Contracts: How to Revive Dead Agreements

  • Writer: Yes Legal San Diego
    Yes Legal San Diego
  • Oct 31, 2023
  • 3 min read

In the legal world, contracts are the lifeblood of countless transactions and agreements. However, sometimes contracts seem to have taken a journey to the underworld, becoming what we affectionately call "zombie contracts." They're not quite alive, but they're not entirely dead either. Be sure, these agreements might come back to haunt you if you leave them in the dark for too long. Have no fear, legal professionals are here to bring them back to life and turn Mary Shelly's monster into a functional agreement! Let's explore six steps to flip the switch on zombie contracts.


The Rise of the Zombie Contracts:

Zombie contracts are those agreements that have, for one reason or another, fallen into disuse or neglect. Perhaps they were drafted with great enthusiasm but were later buried in a drawer, forgotten in a digital folder, or left to collect dust in the basement of your legal archives. The world and your circumstances have moved on, leaving these outdated arrangements to rot. These contracts are, in essence, the living dead of the legal world. Reviving agreements is a must if you've got one of these monsters in your basement.


Step 1: Exhume the Agreement:

The first step in bringing a zombie contract back to life is to find it. Dust off those old filing cabinets, dig through digital archives, and unearth the agreement from its slumber. Sometimes, it's as simple as remembering that the contract exists.


Step 2: Review the Terms:

Once you've found the contract, give it a thorough review. Does it still serve a purpose, or does it need to be revised to meet the current needs of the parties involved? Pay close attention to the terms, conditions, and any potential obligations that might have changed since the contract was drafted.


Step 3: Seek Consent:

Before proceeding with any changes or

revitalization efforts, contact the parties involved and obtain their consent. They might be surprised and delighted that you're resurrecting the agreement. In some cases, parties may have moved on and will agree to terminate the contract amicably.


Step 4: Revise and Rejuvenate:

With the consent of all parties involved, revise the contract to reflect the current needs and expectations. Update any outdated provisions, clarify ambiguities, and ensure it aligns with the parties' current intentions.


Step 5: Execute and Breathe New Life:

Once the contract has been revised, execute it in accordance with the appropriate legal procedures. This might involve signatures, notarization, or other formalities, depending on the nature of the agreement.


Step 6: Maintain and Monitor:

The work doesn't end with the revival. Just like a living entity, a contract needs care and maintenance. Regularly monitor the contract to ensure all parties are fulfilling their obligations and that it continues to serve its intended purpose, lest the necrotic plague of disuse reemerge and the accord once again grows a taste for... braaaains.


Conclusion:

Zombie contracts may have been in legal purgatory for some time, but with a little legal magic, they can be brought back to life to serve their intended purpose. Legal professionals have the power to breathe new life into these forgotten agreements, ensuring they remain relevant and enforceable. So, next time you come across a contract that seems to have one foot in the grave, don't be afraid to revive it. Zombie contracts, like the undead, can find a new lease on life with a little legal TLC.


HAPPY HALLOWEEN from YES LEGAL!



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