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Running head: ELEMENTS OF A CONTRACT
Elements of a Contract
ELEMENTS OF A CONTRACT
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...