From [email protected] Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018) From: Johnson, Erik <[email protected] Sent: Friday, June 29, 2018 1:06 PM To: antoine [email protected] Cc: Kimberley Foster; Wambua, Kimberlee Subject: Academic Misconduct Antoine e Harrell ANRILE9989 BUS670 (5/29/2018) Dear Antoine e Harrell, Your Week 3 Assignment submi ed in BUS670 (5/29/2018) has been iden fied as plagiarized. Since you submi ed the Week 3 Assignment before being no fied of the Week 1 Discussion 1 and 2 academic misconduct, the Week 3 Assignment has been added to the incident you were cited for on 6/19/2018. This will not be treated as a separate incident. I am a aching your assignment with areas highlighted. It seems you are using large por ons of your resources without properly recognizing the source. You provide an in-text cita on and a reference for each of the areas I have highlighted. When this is done, it is supposed to indicate paraphrased informa on. The informa on you provide before the in-text cita on is directly copied from a source. When you use a direct quote, you need to iden fy all of the words that are not your own by including quota on marks around the material if under 40 words, or by using block style wri ng if over 40 words. Please see the a achment for specific sec ons and comments. Sincerely, Erik Johnson/ Academic Integrity Administrator Ashford University / Academic Integrity Department /////////////////////////////////////////////////////////////////////////// Cc Bcc To Johnson, ErikJE Draft saved at 1:16 PMSend Discard Send Attach Protect Discard Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018) https://outlook.live.com/owa/projection.aspx 1 of 2 7/1/18, 1:17 PM Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018) https://outlook.live.com/owa/projection.aspx 2 of 2 7/1/18, 1:17 PM Dr. Molly Stehn Webster University COUN 5850 Guiding Questions for Article Review What was the research question? That is, what were the researchers interested in? What was the hypothesis? What literature did they review which allowed the researchers to make this hypothesis? What were the characteristics of the research participants? What was(were) the independent variable(s)? How was(were) it(they) operationalized? What was(were) the dependent variable(s)? How was(were) it(they) operationalized? Briefly summarize the methodology. What happened to the participants? What order did things happen in? What, besides the IVs and DVs were special about the method? Briefly summarize the results. What were the primary findings? Did the authors discuss any problems (threats to the validity) with their study? What concerns did you have about this article and how the research was conducted? What implications or applications did the authors make about their findings? Were there multiple ...

1. From [email protected]
Re: Academic Misconduct Antoinette Harrell ANRILE9989
BUS670 (5/29/2018)
From: Johnson, Erik <[email protected]
Sent: Friday, June 29, 2018 1:06 PM
To: antoine [email protected]
Cc: Kimberley Foster; Wambua, Kimberlee
Subject: Academic Misconduct Antoine e Harrell ANRILE9989
BUS670 (5/29/2018)
Dear Antoine e Harrell,
Your Week 3 Assignment submi ed in BUS670 (5/29/2018) has
been iden fied as plagiarized. Since you submi ed the Week 3
Assignment before
being no fied of the Week 1 Discussion 1 and 2 academic
misconduct, the Week 3 Assignment has been added to the
incident you were cited for on
6/19/2018. This will not be treated as a separate incident.
I am a aching your assignment with areas highlighted. It seems
you are using large por ons of your resources without properly
recognizing the source.
You provide an in-text cita on and a reference for each of the
areas I have highlighted. When this is done, it is supposed to
indicate paraphrased
informa on. The informa on you provide before the in-text cita
on is directly copied from a source. When you use a direct
quote, you need to iden fy
all of the words that are not your own by including quota on
marks around the material if under 40 words, or by using block

2. style wri ng if over 40
words. Please see the a achment for specific sec ons and
comments.
Sincerely,
Erik Johnson/ Academic Integrity Administrator
Ashford University / Academic Integrity Department
///////////////////////////////////////////////////////////////////////////
Cc Bcc
To Johnson, ErikJE
Draft saved at 1:16 PMSend Discard
Send Attach Protect Discard
Re: Academic Misconduct Antoinette Harrell ANRILE9989
BUS670 (5/29/2018)
https://outlook.live.com/owa/projection.aspx
1 of 2 7/1/18, 1:17 PM
Re: Academic Misconduct Antoinette Harrell ANRILE9989
BUS670 (5/29/2018)
https://outlook.live.com/owa/projection.aspx
2 of 2 7/1/18, 1:17 PM
Dr. Molly Stehn

3. Webster University
COUN 5850
Guiding Questions for Article Review
What was the research question? That is, what were the
researchers interested in?
What was the hypothesis?
What literature did they review which allowed the researchers
to make this
hypothesis?
What were the characteristics of the research participants?
What was(were) the independent variable(s)?

4. How was(were) it(they) operationalized?
What was(were) the dependent variable(s)?
How was(were) it(they) operationalized?
Briefly summarize the methodology. What happened to the
participants? What
order did things happen in? What, besides the IVs and DVs
were special about the
method?
Briefly summarize the results. What were the primary findings?
Did the authors discuss any problems (threats to the validity)
with their study?

5. What concerns did you have about this article and how the
research was
conducted?
What implications or applications did the authors make about
their findings?
Were there multiple experiments? Then redo the appropriate
questions for each
experiment.
Running head: ELEMENTS OF A CONTRACT
1
ELEMENTS OF A CONTRACT
6

6. Elements of a Contract
Antoinette Harrell
BUS 670: Legal Environment (MOD1822B)
Instructor: Kimberley Stock-Foster
June 18, 2018
Introduction
Contracts may be one of the most attractive but gray areas
that should be approached with diligence by the people who are
involved in them. For instance, one should engage their lawyer
before signing the contract so that they may understand all the
terms that are stipulated in the contract. The lawyers can know
and determine things that would otherwise be opaque to any
ordinary person. They also know where to begin. They would
also have the capability of determining the loopholes that may
be existing in the contract that would get an individual out of
the non-compete for the term agreed on. All agreements that
should be favorable for all the individuals and everything in
them should be met there and then thus enabling a person to be
at ease and free to do what they may be willing to do. This
essay analyses and describes the five elements that are
contained in a contract that should be in existence so that the
contract may be enforceable. It also explains why the agreement
of employment is governed by the Uniform Commercial Code or
the common law. Lastly, the essay examines two circumstances
whereby this non-compete assignment would be enforceable.
In all the legal standards a contract should be able to meet
five elements for it to be termed as enforceable. Such elements
include an offer, consideration, and acceptance to the offer,
legality for the agreement to be enforceable and capacity. All
these elements are utilised by the courts when they want to
determine whether a contract is valid or not. This is something
that is crucial and should be within the contract because when

7. they are not available then it would be difficult for the court to
determine whether the contract is valid in the first place
(Seaquist, 2012). There should be occurrence of all the
elements. When these elements miss in the contract then it is
said to be void. In a contract the person who makes the offer is
referred as the offeror while the person who is bestowed with
the power of declining or accepting the offer is referred as the
offeree. This serves as the initial stage of the contract since
each party may change some aspects of the contract in the
process. The two parties are involved in discussions and
communications so that they come to an agreement. An
agreement should occur before the other elements are involved.
The next element is acceptance and there should be clarity when
it is being stated in the agreement so that it may be valid.
Without the acceptance then it would be difficult for the two
parties to continue with the agreement since they are left in a
stationary motion until the offeree accepts the terms of the
offer. The third element is consideration. All the parties to a
contract should offer something of value that acts as the
inducement for the other party to enter into a contract. This
exchange of values is referred as consideration by the law. The
value that is exchanged does not necessarily mean that it is
currency (Brandeis University, 2018).Rather it may encompass
some promise of performance of an act that one is obliged to do
by the law. It may also be a promise to refrain from an act.
Courts analyse whether the agreement gets support by sufficient
consideration through focusing more on the promises that the
offeree makes of performance than those made by the offeror.
Comment by Kim: Words in this green are quotes and
closely paralleling paraphrases from the textbook. Comment by
Kim: Words here in this green are quotes from
https://contracts.uslegal.com/elements-of-a-
contract/consideration/
For a contract to be enforceable then there should be a
degree of capacity and competency. A natural person who
agrees to enter into a contract should have the complete legal

8. capacity to have some liability for the duties or terms that they
agree to undertake. However, some individuals who are not
liable to the duties of a contract include the mentally
incapacitated, minors and the intoxicated people (Seaquist,
2012). The assumption by the law is that the minors are too
naïve, inexperienced and immature to negotiate to terms that are
equal with the adults and thus they are protected by the courts
from being held responsible for entering into contracts
unwisely. Another element that makes a contract to be
enforceable is the writing requirement. Not all contracts require
writing so that they may be legal but in almost all the states
legislature there is the enactment of a law that states that some
types of contracts should be in writing for them to be
enforceable. Comment by Kim: Words here in gray are quotes
from https://contracts.uslegal.com/elements-of-a-
contract/competency-and-capacity/ Comment by Kim: Quotes
from https://contracts.uslegal.com/elements-of-a-
contract/writing-requirement/
Generally, the principles of contract law are understood
and applied across the United States. Common law and Uniform
Commercial Code (UCC) govern contract laws. Common law is
concerned with the contractual transactions that involve
services, real estate, employment, and intangible assets. UCC is
concerned with the governing of contractual transactions that
involve tangible objects and goods. UCC and Common Law
have some differences that are distinct and it is essential for
people to understand and know them when they are involved in
transaction contracts. The contract between Fabulous Hotel and
the head chef is mainly governed by the common law. This is
because it is a contractual transaction that involves
employment. Another reason why the contract is governed by
common law is that Common law involves arrangements that
apply all the elements for a deal to be enforceable. In the case
of the employment contract between the head chef and the hotel
these elements are in existence and they include such things as
offer, acceptance and consideration. Such requirements are

9. more stringent in these contracts as compared to the contracts
governed by UCC. Common law contracts also involve
acceptance to the offer. The acceptance should act as the mirror
image of the offer so that they make up a valid acceptance. This
means that there should be some similarity between the offer
and acceptance (lumenlearning.com, 2018). If the approval is
not similar to the proposal then it fails to meet the acceptance’
requirements and thus it does not add up to formation of a valid
contract. In the scenario, it is evident that the head chef had
already signed the contract meaning that he agreed to the terms
of the agreement. Comment by Kim: Words here in yellow
are quotes from
http://www.assetprotectionattorneys.com/Legal_and_Business_
Counsel/Contract_Formation_and_Review/Uniform_Commercial
_Code_UCC_Contacts_vs_Common_L.aspx Comment by
Kim: Words in purple are quotes from
https://courses.lumenlearning.com/workwithinthelaw/chapter/fo
rmation-and-types-of-contracts/
There are various circumstances under which the non-
compete contracts may be unenforceable. A non-compete will be
termed as unenforceable or invalid when there are no limitations
in geographical scope. These questions inquire whether the
terms of the restrictions are reasonable when the geographical
distance is concerned. For instance, if this particular contract
held some statewide restrictions, then the court would hold the
deal as invalid. In the businesses that are not limited by
geographic scope, there is a likelihood of the court enforcing
some restrictions on the physical business locations as well as
restrictions on acquiring and soliciting the clients of the other
party. Another circumstance when a non-compete contract
would be unenforceable is when there are no limitations in time.
Courts often inquire about the time duration of the restricted
covenant and whether it is reasonable given the circumstances.
There are time lengths that are placed in many self-drafted non-
compete agreements that may be unreasonable (Jackson, 2014).
For example, when one is operating a café and the agreement

10. holds that the applicable person cannot run a competing
business for one year will have the likelihood of being enforced
by the court, unlike a deal that puts a time restriction of three or
more years. Comment by Kim: Words here in this green are
quotes and closely paralleling sentences from
https://www.linkedin.com/pulse/20140929151034-19959056-4-
reasons-why-your-non-compete-agreement-probably-isn-t-valid
References
Brandeis University. (2018). Fundamental Elements of a
Contract | Brandeis University. Retrieved from
https://projectmgmt.brandeis.edu/resources/articles/fundamental
- elements-of-a-contract/
Jackson, J. (2014). 4 Reasons Why Your Non-Compete
Agreement Probably Isn’t Valid. Retrieved from
https://www.linkedin.com/pulse/20140929151034-19959056-4-
reasons- why-your-non-compete-agreement-probably-isn-t-
valid
lumenlearning.com. (2018). Common Law and Uniform
Commercial Code Contracts | Work Within the Law.
Retrieved from
https://courses.lumenlearning.com/workwithinthelaw/chapt
er/formation-and-types-of- contracts/
Seaquist, G. (2012). Business law for managers. Retrieved from
https://content.ashford.edu/: https://content.ashford.edu/