Evaluate Components of a Contract

Most if not all managers will likely find themselves working with contracts on a consistent basis. Oftentimes a manager will be presented with contracts that they have to sign or review for the purpose of employing an applicant. Contracts are also used when in the procurement merchandises for the business or other purposes. Whatever is the case, managers and others have to comprehend the process of contract law.

For the purpose of this paper this author will discuss the process or mechanics of contract law. Moreover, in this paper this author used the scenario presented as a foundation for the discussion. The scenario discusses a head chef that was hired by a hotel under a two-year employment contract. Two years later the chef was offered a job by a second hotel. The issue for the chef was a section of the current contract he signed with the “Fabulous Hotel” that stated: “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.” Using this scenario this author will examine and explain the “five elements of a contract” that are a necessity for the contract to be enforceable.

“The five elements of a contract”

A contract between two parties must have certain element to be considered tangible or authentic. The element of the contracts will enclose guarantees that are enforceable and thus legal (Seaquist & Coulter, 2012). For a contract to be legal the promises include in the contract has to meet specific benchmarks. A valid contract simply means that it can enforce in the courts (Seaquist & Coulter, 2012). According to Seaquist & Coulter (2012) “a valid contract to be formed that is enforceable by a court, each of the following criteria...

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... Bass, A. N., & Yeargain, J. W. (2007). You Belong to Me: Employer Attempts to Keep Employees from Quitting to Work for competitors Via Non-Compete Agreements in Employment Contract acts. Journal of Legal, Ethical and Regulatory Issues, 10(2), 13-23. Retrieved from http://search.proquest.com/docview/216238808?accountid=32521
Knobler, M. D. (2012). A Dual Approach to Contract Remedies. Yale Law & Policy Review, 30(2), 415-460.
Porter, W. G., II, & Griffaton, M. C. (2002). Using non-compete agreements to protect legitimate business interests. Defense Counsel Journal, 69(2), 194-202. Retrieved from http://search.proquest.com/docview/220671349?accountid=32521
Seaquist, G., & Coulter, K. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.
Shurman, L. (2007). The do’s and don’ts of non-compete agreements. Enterprise/Salt Lake City, 36(49), 18-19.