Week 3 Assignment



Week 3 Assignment

Background of the Case

An agreement is a kind of promise that assures that certain act will take place as per the terms within the agreement. It is an assurance that law will enforce. Parties form contacts with each other so that they can perform their tasks in the future. Agreements or contracts are form to make companies to forecast the potential certainty. Agreements involve two or more parties and take place between individuals, between groups, between company and between employees and employers. It shows conformity that parties voluntarily enter into an agreement as to create a legal compulsion and bind the parties to form a mutual consent contract. Understanding the main elements of a contract is important for us before we form any contract with another party. It is a document that binds concerned individuals with each other and gives them assurance regarding the future tasks (Seaquist, 2012).

In this paper, we are pretending that 'Fabulous Hotel' wants to hire me as a head chef in a two year service agreement. After two years, there is another employer that wants me to join its business. On the other hand, in the original employment agreement I signed with the Fabulous Hotel, the following section states “the below-signed agrees not to work as a chef for another hotel in the same city for two years after leaving our service”. At this moment, I have to discover what main elements of agreement must exist in turn for this employment contract to get enforceable. I also figure out the conceptions of offer, approval, lawful concerns, capacity, and certainty of the contract. Moreover, I will recognize whether this agreement is administrated by common regulation or the Universal Commercial Code. Then I will be competent to demonstrate how this non-compete contract would be unenforceable.

Part 1: Five Elements of a Contract

An agreement may be in document form or it may verbal, it depends upon the character of the contract and mutual decision of concerned parties. For agreements to take place, meeting of mindset must be there. Person could refuse to accept a claim of violation by stating that he had not anticipated to be bound by agreement, just if it seemed one-sidedly that he had so projected (Burton, 2009). Following are the five elements of a contract that must exist for this contract to be enforceable.

Offer and Approval: For a legally binding agreement there must be two members, one giving the proper offer and another acknowledging it. These elements make a contract applicable and legitimate. To make an offer legally binding, some terms like legal dealings, conditions, etc. must be carried out. Offer must be appropriately given to whom it is offered. To make an approval valid certain terms must be achieved, like it must be unconditional in approved way. It must be appropriately communicated by authoritative individual before offer fall down.

Intent to form legal relation: There must be intent amongst individuals to form a legal ...