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Contract Law Drafting

Essay Instructions:

Materials: NOTE: THE PRUCHASE OF THE BOOK IS OPTIONAL.
Basic Contract Law for Paralegals, 10th edition Author: Jeffrey A. Helewitz
Publisher: Aspen Publishing (formerly published by Wolters Kluwer)

CONTRACT LAW FINAL PART I OCTOBER 17, 2022

PLEASE MAKE SURE THAT YOU WRITE OR TYPE YOUR NAME ON THE TOP OF YOUR ANSWER OR IN YOUR EMAIL TO ME AND TO ELAINE WITH THE

ANSWERS.    SOMETIMES, A STUDENT’S RETURN EMAIL ADDRESS DOES NOT

CONTAIN THE STUDENT’S NAME, SO I WILL NOT KNOW WHO SENT THE EMAIL.

DON’T RUSH! DON’T PANIC. HAVE CONFIDENCE IN YOURSELF. STUDENTS ARE PROHIBITED FROM EXCHANGING COMMUNICATIONS WITH EACH OTHER AND WITH THIRD PARTIES DURING THE EXAM. WEBCAMS MUST BE ON THROUGHOUT THE FINAL AND FOCUSED ON YOUR ENTIRE FACE.

FOR THIS FINAL, YOU WILL BE GRADED ON YOUR DEMONSTARTED MASTERY OF THE COURSE MATERIAL (WHICH INCLUDES BUT IS NOT LIMITED TO YOUR ACADEMIC KNOWLEDGE AND YOUR REASONING ABILITY USING THAT KNOWLEDGE). I WILL ALSO CONSIDER YOUR ABILITY TO EXPRESS YOUR THOUGHTS IN A LOGICAL, WELL-REASONED, ORGANIZED MANNER. ASSUME THE QUESTIONS BELOW CONCERN THE LAWS IN NEW YORK UNLESS OTHERWISE STATED

Assume the legality of the subject matter of each contract. Do not discuss the 6 elements of contract formation or the Statute of Frauds. Critique the drafting in each of the following paragraphs. Explain the issues you see, if any. Be specific. What questions, if any, does the drafting leave? If you believe that the drafting is clear, please explain why in detail. The total number of points for this section of the exam is forty (40). Therefore, your response to each numbered paragraph is worth 10 points. Good luck. Think like a paralegal!

1)      In any dispute arising out of this Agreement, the parties agree that a condition precent to either of them filing an action in Court, they will engage in three (3) hours of mediation. They will select a mediator as follows: Each party shall select a mediator of his or her own selection and serve written notice of that party’s choice on the other party. If theparties do not agree on one of the two chosen mediators, then the two mediators selected by the parties shall select a 3rd mediator to serve as the parties’ mediator

2)      Boxer X hereby grants the exclusive right to Promoter Y the exclusive right to promote his bouts for three (3) years for the payment of two-hundred fifty thousand dollars ($250,000). Compensation for the individual bouts are hereby subject to further negotiation and agreement. Nonetheless, Promotor shall also pay one-hundred thousand dollars ($100,000) in training expenses for these fights, except in the case of a title bout. Said expenses for the title bout(s) shall be negotiated and mutually agreed upon between us.

3)    For a fee of $100,000, Jane Doe agrees to be artificially inseminated with the semen of John Smith. Jane hereby agrees to conceive a child, carry it to term, and after its birth, surrender it to John and his husband Joe Jones. Jane Doe hereby covenants that thereafter, she shall be forever separated from the child and make no attempts to establish contact. If required by the law of the state of residence, Jane Doe hereby agrees to execute whatever waivers are necessary to allow Joe Jones to legally adopt the child.

4)      During the period commencing on the date of hiring and continuing until either the third anniversary of the date of the company’s sale to a third party or the third anniversary of the termination of employment, whichever occurs later, Employee shall not and shall not cause any third party not to, directly or indirectly, own, manage, own, manage, operate, control, or be employed by any business in competition with the business activities of Employer.

Essay Sample Content Preview:

Short Essay: Contract Law (Drafting)
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Institutional Affiliation
Short Essay: Contract Law (Drafting)
1 Parties and Mediators
The drafting of the bilateral contract in the first paragraph is clear as it states that should either of the parties file an action in Court following a dispute, then the specified action of engaging in mediation for three (3) hours shall follow. The contract’s validity is based on the offer conditions in terms of clear statement of subjects and duration as well as the acceptance of the offer made by the offeror to the offeree. Nevertheless, should they disagree, then a direction of dispute resolution involving mediators will be engaged. Each party is free to select a mediator of their choice and involve them in the resolution. The contract further foresees a situation when the mediation process might fail. In such a situation, the two mediators representing the two parties shall involve a 3rd mediator in resolving a dispute. In this case, the parties give a promise for a promise that they will need to execute for the contract to be valid (Helewitz, 2022). Courts favor this form of contractual relationship where agreements are made in the exchange of promises.
2 Boxer X and Promoter Y
In the second paragraph, the contract involves several elements that the two involved parties: Boxer X and Promoter Y fail to agree on, which makes the drafting unclear. For a contract to be valid, there is a need for acceptance and any variance from this requirement may prevent the establishment of a contract. According to contract law, each offer has to be accepted or rejected before any circumstance makes the contract fulfillment unlikely. In the example of the contract made between Boxer X and Promoter Y, the offeree is a passive participant where Boxer X makes requirements of the contract without explicitly involving Promoter Y in agreeing to the conditions of the offer. The first requirement is that Promoter Y should promote the bouts at a fee of two hundred thousand dollars ($250,000) for a period of three (3) years. No mention of Promoter Y agreeing to this requirement. Boxer X further makes other requirements that the compensation for individual bouts is subject to further nego...
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