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Elements of a Contract

Elements of a Contract

Elements of a Contract

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.

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

Describes and Analyzes the Five Elements of a Contract That Must Exist for This Agreement to Be Enforceable
Total: 3.00
Distinguished – Offers a thorough description and analysis of the five elements of a contract that must exist for this agreement to be enforceable and demonstrates a strong understanding of contractual elements.
Proficient – Offers a description and analysis of the five elements of a contract that must exist for this agreement to be enforceable and demonstrates an understanding of contractual elements. Minor details are missing.
Basic – Offers a partial description and analysis of the five elements of a contract that must exist for this agreement to be enforceable and demonstrates a limited understanding of contractual elements. Relevant details are missing.
Below Expectations – Attempts to describe and analyze the five elements of a contract that must exist for this agreement to be enforceable; however, an understanding of contractual elements is not demonstrated. Significant details are missing.
Non-Performance – The description and analysis of the five elements of a contract are either nonexistent or lack the components described in the assignment instructions.

Explains Why the Contract Is Governed by Either Common Law or the UCC
Total: 2.50
Distinguished – Clearly explains why the contract is governed by either common law or the UCC. The conclusions are supported with specific details and relevant evidence.
Proficient – Explains why the contract is governed by either common law or the UCC. The conclusions are supported with details and evidence.
Basic – Partially explains why the contract is governed by either common law or the UCC. The conclusions are supported with little detail and/or evidence.
Below Expectations – Minimally explains why the contract is governed by either common law or the UCC. The conclusions are supported with almost no detail or evidence.
Non-Performance – The explanation of why the contract is governed by either common law or the UCC is either nonexistent or lacks the components described in the assignment instructions.

Examines at Least Two Circumstances in Which the Non-Compete Agreement Would Be Unenforceable
Total: 2.50
Distinguished – Completely examines at least two circumstances in which the non-compete agreement would be unenforceable. Utilizes strong, relevant examples to illustrate points.
Proficient – Examines at least two circumstances in which the non-compete agreement would be unenforceable. Utilizes examples to illustrate points.
Basic – Partially examines at least two circumstances in which the non-compete agreement would be unenforceable. Utilizes limited examples to illustrate points.
Below Expectations – Attempts to examine at least two circumstances in which the non-compete agreement would be unenforceable; however, examples to illustrate points are not utilized.
Non-Performance – The examination of at least two circumstances in which the non-compete agreement would be unenforceable is either nonexistent or lacks the components described in the assignment instructions.

Critical Thinking: Evidence
Total: 0.50
Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.
Proficient – Employs applicable information from credible sources to develop an analysis of the topic.
Basic – Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic.
Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Reading: Relationship to Text
Total: 0.50
Distinguished – Analyzes texts for scholarly significance and pertinence within and across the various disciplines, assessing them according to their contributions and consequences.
Proficient – Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries.
Basic – Employs texts with the intent and expectation of increasing knowledge.
Below Expectations – Approaches texts only within the context of assignment.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Control of Syntax and Mechanics
Total: 0.25
Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.
Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors, and is mostly easy to understand.
Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors, which may slightly distract the reader.
Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors, which distract the reader.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: APA Formatting
Total: 0.25
Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page.
Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Basic – Exhibits basic knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements.
Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Page Requirement
Total: 0.25
Distinguished – The length of the paper is equivalent to the required number of correctly formatted pages.
Proficient – The length of the paper is nearly equivalent to the required number of correctly formatted pages.
Basic – The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages.
Below Expectations – The length of the paper is equivalent to at least one half of the required number of correctly formatted pages.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Resource Requirement
Total: 0.25
Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Proficient – Uses required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.
Below Expectations – Uses inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.


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