Volume 20: Issue 6 September 2018
BOTTOM LINE Sharing ideas, solutions, resources and experiences that help dairy producers succeed.
Obtain agreement in writing Blake Knickelbein
Page 2 Protect against hidden dangers of manure
Page 4 Watch for mycoplasma in calves
Page 6 Stalled cycles call for financial strategies
Leadership — a function of the heart
Page 8
Many business transactions are still exacted with a handshake deal. People are generally trustworthy. Especially in the farming industry, people believe a pers o n ’s wo rd h a s va l u e . Many transactions are successful without a Blake written agreeKnickelbein ment. But when parties have different expectations of the transaction, when a circumstance in the transaction changes or when a party becomes unreasonable, a transaction with no written agreement can fall apart. A verbal agreement can be legally binding even without a signed contract. In order to create a legally binding verbal agreement four elements must be met. • One party must make an offer to another. • The other party must accept said offer. •T h e re m u s t b e a n exchange of value. • There must be a level of certainty to the terms of the agreement. A verbal agreement can be legally binding even if some terms are uncertain. Say a person agrees to mow her neighbor’s lawn for $20 per
Contributed
Many business transactions are still exacted with a handshake deal. People are generally trustworthy. Especially in the farming industry, people believe a person’s word has value. Many transactions are successful without a written agreement. But when the parties have different expectations of the transaction, when a circumstance in the transaction changes or when a party becomes unreasonable, a transaction with no written agreement can fall apart.
hour. But she may not clarify on which day the lawn mowing will take place, when payment is due or if the clippings will be bagged. If the neighbor’s lawn is mowed, he’s more than likely legally obligated to pay the person who mowed his lawn. But with unclear terms he could make several arguments. • The lawn wasn’t mowed by an agreed-upon date. • He could pay for the ser-
vice three months later. • The offer was made to mow his lawn free-of-charge. Even though it’s advisable to clarify terms and obtain agreements in writing, many people forego that step — because it doesn’t seem necessary or the process seems daunting and time-consuming, or any number of other reasons. See WRITING, page 2
Professional Dairy Producers™ I 1-800-947-7379 I www.pdpw.org