Running Head: ELEMENTS OF A CONTRACT
1
ELEMENTS OF A CONTRACT
6
Elements of a Contract
BUS 670 Legal Environment
12/11/17
Elements of a Contract
A contract of employment refers to the agreement between the employer and employee that forms the basis for an employment relationship. In most cases, a contract takes effect as soon as an employee employment offer is accepted. By starting to work ideally demonstrates that the employee has accepted the employer’s terms and conditions bade. However, an existing employment contract can only be varied with the understanding of both parties. To grasp entropy behind varying or changing a contract.
Contract cancellation occurs when either party involved ends a contract supposedly for a violation by the other. The party that cancels that contract retains any remediation for the violation of the contract. When one party breaches the terms and conditions of the signed contract, the other concerned party bears the right to cancel. As such, the integral contract may be rolled down, refunding of previously payments and ending any remaining obligations. Contract termination falls out when either party involved ends a contract in other respects prior to a breach as perceived by the scenario.
With this integral occurrence, any components of a contract that had initially to be accomplished will be left behind, but any future obligations that are not yet carried out will cease. However, like the binding of the contract, the requisite elements of contract terms that must be established in order to demonstrate the legal formality for the process involves; offer, acceptance, consideration, mutuality of obligation and competency (Tepper, 2014).
About to offer, it is crucial to check out the terms and conditions of the agreement of a termination or rescission clause. Recession basically relates to the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made (Morawetz, 1925). Some contractual agreements might automatically terminate the contract after a fixed event or term while some can be canceled officially without the permission of another party. If the contractual agreement is arranged to terminate within the near future, then one might only allow the contract to lapse. All the same, if the contract agreement has a friendly rescission clause, then contract termination may not be of the essence.
Following the apprehension of the terms and condition, one is thereby expected to verify whether the agreement is accorded a notice provision. Much of contractual agreements require that all established correspondence among the parties involved be executed through communication in writing. Set off the address of o.
1. Running Head: ELEMENTS OF A CONTRACT
1
ELEMENTS OF A CONTRACT
6
Elements of a Contract
BUS 670 Legal Environment
12/11/17
Elements of a Contract
A contract of employment refers to the agreement between the
employer and employee that forms the basis for an employment
relationship. In most cases, a contract takes effect as soon as an
employee employment offer is accepted. By starting to work
ideally demonstrates that the employee has accepted the
employer’s terms and conditions bade. However, an existing
employment contract can only be varied with the understanding
of both parties. To grasp entropy behind varying or changing a
contract.
Contract cancellation occurs when either party involved ends a
contract supposedly for a violation by the other. The party that
2. cancels that contract retains any remediation for the violation of
the contract. When one party breaches the terms and conditions
of the signed contract, the other concerned party bears the right
to cancel. As such, the integral contract may be rolled down,
refunding of previously payments and ending any remaining
obligations. Contract termination falls out when either party
involved ends a contract in other respects prior to a breach as
perceived by the scenario.
With this integral occurrence, any components of a contract that
had initially to be accomplished will be left behind, but any
future obligations that are not yet carried out will cease.
However, like the binding of the contract, the requisite elements
of contract terms that must be established in order to
demonstrate the legal formality for the process involves; offer,
acceptance, consideration, mutuality of obligation and
competency (Tepper, 2014).
About to offer, it is crucial to check out the terms and
conditions of the agreement of a termination or rescission
clause. Recession basically relates to the act of rescinding; the
cancellation of a contract and the return of the parties to the
positions they would have had if the contract had not been made
(Morawetz, 1925). Some contractual agreements might
automatically terminate the contract after a fixed event or term
while some can be canceled officially without the permission of
another party. If the contractual agreement is arranged to
terminate within the near future, then one might only allow the
contract to lapse. All the same, if the contract agreement has a
friendly rescission clause, then contract termination may not be
of the essence.
Following the apprehension of the terms and condition, one is
thereby expected to verify whether the agreement is accorded a
notice provision. Much of contractual agreements require that
all established correspondence among the parties involved be
3. executed through communication in writing. Set off the address
of other party address if furnished in the agreement's notice
provision. In addition, when addressing the other party, it is
authoritative to comply with the terms and conditions of the
notice provision.
Prior to this, it is worthy draft a letter of a contract ending to
the other party. State why you would prefer to terminate the
contract in way of mutual assent. Present the rational motive as
at a personal conception why the contract termination serves the
best form for both parties. Behind presenting the rational
motive for termination, it is crucial to request a response that
releases you from the contractual agreement. And soon
afterward send the letter to the employer (another party) in
conformation to the notice clause of the agreement.
Moreover, apropos to the process for canceling a contract, first,
it must be ascertained whether the contract is of rescission,
rather can be rescinded. This is typically done by examining the
clauses and the contract within in attempts to see if it includes
instructions for rescission. If the contract agreement does not
carry the clause as such, the individual seeking the recession
ought to check the statutes within their state or contact an
attorney. Furthermore, if the said contract cannot be canceled in
accordant with the state or federal law, then an individual
inclined at attempting to negotiate upon a rescission with the
employer as any contract agreements may be officially canceled
by mutual agreement, in spite the fact that the contract might
not allow it. The rescinding party should determine to ascertain
any legal grounds for the rescission and finally draft a notice
for the rescission to the other party. Following this, the parties
involved may negotiate a reciprocal rescission, or file a civil
lawsuit.
Prior agreement stands another element where contract
termination may subsist if both parties involved have an
4. anterior written agreement that ideally calls for the contract
termination for a specific reason. The agreement ought to give
the preferential details on what measures up as an adept reason
for a contract termination. In addition, it should state what
accomplishes can be taken if such cases arise upon a contract
termination. In most cases, within the agreement, one party gas
to submit a written acknowledgment to the other party
respectively in order to terminate the said contract.
This contract is governed by common law or the Uniform
Commercial Code (UCC). The UCC bears two sets of decrees
for contracts, one set involving rules for everyone, while the
other set regarding rules for merchants. In this overview, we
will explore the UCC rules as it applies to contractual
agreements relative to “void” contracts. Void contracts typically
relate to lacking any legal or binding force. Contracts within
common-law furnish valid consideration. This simply means
that there should be a bargained-for-exchange of promises and
for both parties, whereas both parties ought to incur new legal
obligations or detriment as an effect of the contract.
There are distinct circumstances in which this non-compete
agreement would be unenforceable. One of the usual
circumstances is upon contract completion. A contract is
fundamentally terminated once the duties and responsibilities
outlined in the contract agreement are completed. Both parties
involved ought to keep documentation that shows that their
fulfillment of their contract duties. Documentation is vital to
the completion of a contract that if the other party attempts to
dispute the fulfillment at a later period. A court of law
eventually would need contract fulfillment test copy upon an
occurrence of a dispute.
Another circumstance is when there is a breach of contract.
Upon not honoring a contract by one party, then the overview
lays grounds for the termination of a contract. A breach of
5. contract exists when one party fails to meet the intended
obligations or did not fully meet his obligations. A factual
breach of contract accords the hiring party, who is the employer
to seek monetary harms, whereas an impertinent breach of
contract does not accord the other party of monetary damages.
A good contractual agreement requires both parties involve
meet their detailed obligations posed within the contract prior
to completion. In some instances, as such, contract termination
can fall out making the contract legally binding or void and
only the involved parties stand upon termination within the said
contractual agreement (Callahan, 2009).
References
Morawetz, V., & American Law Institute. (1925). The elements
of a contract: Including criticisms of certain sections of draft
Restatement no. 1 of the law of contracts submitted to the
members of the American Law Institute. Place of publication
not identified: publisher not identified.
Tepper, P. R. (2014). The law of contracts and the Uniform
Commercial Code.
Callahan, M. T. (2009). Termination of construction and design
contracts. Austin: Wolters Kluwer Law & Business.
The final report should be approximately 1800-2400 words and
be formally written,
formatted, and cited
The surveying industry has experienced dramatic changes over
the past decade with
advancements to existing technologies and development of new
technologies and applications.
6. Topic Chosen:
Airborne Imaging using Unmanned Aerial Vehicles (UAVs -
drones) has exploded in the past
decade opening new opportunities for surveyors. Historically
the surveying industry collected
aerial imaging via traditional photogrammetry practices, but
applications were limited to large
scale projects due to the difficulty and cost associated with the
image collection from planes and
processing of images. The use of drones has made the
possibility of utilizing airborne imagery
for small scale project types more cost effective and easy to
collect.
Deliverables
The research paper should include a discussion of the history of
the technology, how the
technology is used today by surveyors, example projects, and a
discussion on the outlook of the
future use of the technology.
Outline:
Title: (Something interesting that also makes the subject of your
paper clear)
7. Introduction
This paragraph will include background explanation of Airborne
Imaging using unmanned aerial
vehicles in surveying. Reasons of the usage of this tool, what
lead to implement this tool to land
surveying and statistics showing improvement in surveying.
Origins of Unmanned Aerial Vehicles
This section will include the history of this technology, the
main purpose to invent and apply
these new aerial vehicles to help Civil Engineers in Surveying,
and how much has evolved
throughout the years.
Early Applications in Surveying
In this section I will focus on the early implementations of this
tool, the trial and error in the
origins and what lead to implement this tool to help out Civil
Engineers.
8. Types of Unmanned Aerial Vehicles
Overview of how much the tool has changed since the very first
prototype, the many different
types of models and designs. The improvement of the designs
and what has been the reason to
re-design it.
Attach images of figures of the timeline of the designs. How it
has evolved.
Usage of UAV’S in the 21st Century
Nowadays applications of aerial vehicles. In this section I will
talk about the usage’s engineers
have applied in the actuality and projects that have been done
with the help of unmanned aerial
vehicles.
I will attach images of projects that have used UAV’s.
Advantages and disadvantages
The outlook of implementations, strengths and weakness so far,
tables of statistics in
improvement of the design and applications. What has been
9. done correctly and what not.
What’s coming?
Finally, I will talk about the future of UAV’s in surveying, a
conclusion of what to expect in the
upcoming years, and future projects.
References
Citations of articles, book, and resources used in the report.
Deliverables