Elements of a Contract

Question Description

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 as outlined in the approved APA style guide and must cite three scholarly sources in addition to the textbook

Final Answer

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Elements of a Contract
Student’s Name
Institutional Affiliation




Description and analysis of the five elements of a contract that must exist for this
agreement to be enforceable
For the agreement to be enforceable, there are five main elements that should be present.
To begin with, a valid contract must have an offer. As described by Seaquist (2012), an offer is a
promise to do something to the other party or refrain from doing something. Therefore, an offer
is made in return of a guarantee to do a particular act. A contract is not enforceable without an
offer and this is the first step of a valid contract. The offeree is the party of the contract that
makes the offer and the offeror is the individual to whom the offer is made. In the case of the
Fabulous Hotel, the offer must promise the emoluments and the position that is being promised.
The second element of a contract is acceptance. After the recognition of the offer by the offeror,
the next step of an enforceable contract is acceptance. Acceptance implies that there is an
agreement by the offeror to the offer that is made by the offeree. Since the case of the Fabulous
Hotel offers a written contract, me as a head chef must sign it and submit it to the hotel. What is
pertinent in this case is that I as a chef I have taken the apprehension of the non-compete clause.
There is awareness that after leaving the Fabulous Hotel, it is not acceptable to work as chef in
the same metropolitan area in the following two years. Therefore, the acceptance implies that the
chef has understood th...

Juniper (16884)
Carnegie Mellon University

Return customer, been using sp for a good two years now.

Thanks as always for the good work!

Excellent job

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