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Elements of a Contract 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...

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Elements of a Contract

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
Answered Same Day Feb 12, 2021

Solution

Steve answered on Feb 13 2021
152 Votes
2
ELEMENTS OF A CONTRACT
ELEMENTS OF A CONTRACT
NAME:
UNIVERSITY AFFILIATIONS:
PROFESSOR:
DATE:
ELEMENTS OF A CONTRACT
Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
    Various employment contracts exist out there in the employer and employee world. Some employers prefer to tailor their employment contracts to suit individual employees while some prefer to make a general contract for all employees. This contracts are supposed to create a balance between you as the employer and your employee. In most cases the contract is supposed to protect you as the owner of a business and benefit the employee as well. Below are some of the elements of an employment contract.
1. Terms of employment. In this case, the terms mostly include how long the employee will work for. It could be on a freelance basis, on contractual basis which means for a period of time or until the project being worked on has been completed. In most cases like traditional employment, the employee is supposed to work indefinitely or until either party terminates their employment relationship. In our case, the employee was supposed to work for two years and on a contractual basis.
2. The responsibilities of the employee. One of the most important parts of an employment contract is the duties that have been assigned to the employee. This is so because the job positions are different and therefore different expectations underlie for different positions. In this case, the employee had been hired as a head chef.
Employee benefits and employees absence. Some of the benefits included in employee contracts are, insurance of life and health, retirement plans, housing and transport allowances as well as owning some stock in the business. On the other hand, absence mostly includes employee’s sick days, vacation granted or personal leave taken.
3. Non-disclosure agreements and ownership agreements. Non-disclosure agreements prohibit employees from sharing company’s trade secrets and client information while ownership agreements means that anything that the employee produces while they are still employed is the property of the business. In this case, no non-disclosure agreement had been signed preventing the employee from sharing any client information or engaging in any competitive business with the...
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