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Pages:
4 pages/β‰ˆ1100 words
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4 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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MS Word
Date:
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Topic:

Elements of a Contract and the Common Law

Essay Instructions:

Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the Fabulous Hotel, the following paragraph appears:
“The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ.”
Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
Explain why this contract is governed by common law or the Uniform Commercial Code (UCC).
Examine at least two circumstances in which this non-compete agreement would be unenforceable.
Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite three scholarly sources in addition to the textbook( textbook links are attached)

Essay Sample Content Preview:

Employment Contract Law
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Introduction
Contracts can be described as legally binding agreements between two or more people, often expressed in writing or orally (DeBruhl, 2015). The contract outlines the specifics of what was agreed upon, and both parties will sign it, if it is in writing, to demonstrate their understanding of the conditions. Employment contracts are often written. Nowadays, the majority of companies will want their workers to sign contracts outlining the specifics of their job, information on pays, expectations, job descriptions, and anything else relevant. Both the employer and the workers will sign the contract once they have read it and determined that all of the material is true (Bayern, 2022). Once this contract has been signed, any party may later use it as a reference if they have any concerns about the specifics of the job. Sometimes some employees include clauses such as one is not supposed to work for a competitor firm for an agreed period of time after resigning or leaving their current job. Frequently, the conditions attached to this declaration specify the precise places or industries in which the employee is not permitted to operate. Such a clause would read, for instance, "the below-signed promises not to work as a chef for another hotel in the same metro area for a period of two years after leaving our job." Once both the employee and the employer sign the contract then it becomes legally binding and enforceable.
Elements of a Legally Binding Employment Contract
An offer is the first crucial component of a contract. It refers to anything that is made to another person. In this case, the head chef at Fabulous Hotel is being offered a job as head chef at the other hotel, which is referred to as the offeror in this situation (DeBruhl, 2015). Preliminary talks are often conducted between the parties when the offer is first made. These first discussions are often conducted through the phone, email, in-person meetings, and other similar forms of contact. All of this is done before a contract is drafted and presented to the offeree. A crucial point to remember about first discussions is that since they take place before a contract is signed and the information shared during such discussions cannot be legally enforced.
Acceptance of the offer is the second most significant component of a legally binding contract (DeBruhl, 2015). The offeror must await the offeree to accept the offer and communicate the same. From our case scenario. the new hiring hotel must wait for the head chef to respond whether he has accepted the offer or not. He may respond by stating in writing that "Yes, I accept the role of head chef."
Consideration is the third crucial element of a contract. Consideration is the money the parties get as a result of the agreement. A contract is invalid without a consideration because the purpose of the consideration is to compel the parties to uphold the terms of the agreement. The consideration may take any shape, including money and other forms (DeBruhl, 2015). Legal consideration is crucial since an agreement may only be upheld if something is given in return, such as an act, a commitment to abstain from doing something, o...
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