Question
you will go back to the two contracts below. Compare these two contracts and right an essay answering the following questions related to the material
you will go back to the two contracts below. Compare these two contracts and right an essay answering the following questions related to the material covered thus far. For the Legality section, your answer should be between *six hundred* words and specifically address what you should do differently in future contracts. For the Statute of Frauds section, your answer should be *five hundred* words briefly explaining the Statute of Frauds, but the key purpose of this part of your essay is for you to examine the two contracts to see where the Statute of Frauds writing requirements apply.
Legality
- How do the contracts differ and how are they the same?
- Is there enough detail in the event of a problem with capacity or legality that creates a breach?
- Will you have to close your pizza business if the contracts can't be completed?
Statute of Frauds
Explain what requirements under the Statute of Frauds are needed in your contracts. If you need to revise part of the previously prepared contract or contracts, explain what changes need to be made.
Contract A:
Maintenance Contract
This Maintenance Contract is entered into on February 15, 2024 between hope smith, and Alaska Manufacturing Extension, whose official business address is, 601 E 57th Pl #102, Anchorage, AK 99518; 9..1@alaska.edu.
This contract applies at the following address: hopes Alaska Pizza, Alaska
The owner of the property wishes to hire Contractor for the purpose of appliance maintenance
This part of the contract is important and necessary for the contract to be valid because it shows who the contract is between.
Contractor Duties
The parties agree the contractor will perform the following duties:
1. Repair Appliances
2. Making appliance repairs as needed
3. Performing other routine maintenance as needed and requested by owner.
4. Deliver Appliances
This part of the contract is necessary for a contract to be valid because this shows what the contractor has to do in the contract.
Owner's Responsibilities and Duties
Owner will provide Contractor with access to the property. Owner will give the contractor what they need to enter the building
This part of the contract is necessary for a contract to be valid because it shows what the owner has to do for the contractor to be able to do their job.
Compensation
Owner will pay Contractor on a bi-weekly basis at the daily rate of $20. The owner agrees to pay
an hourly rate of $30 for all additional work not covered in this contract.
Contractor is an independent contractor and responsible for paying all employment and state and federal taxes. Owner will not withhold any amount from Contractors to pay taxes.
This part of the contract is necessary for a contract to be valid because it shows what the contractor will be paid in the agreement.
Insurance
1. Contractor is responsible for insurance and submitting proof
2. Contractor is responsible for all insurance regarding their work
This part of the contract is necessary for the contract to be valid because it shows the contractor what he is responsible for and what he has to show proof of before completing the job.
Contract Termination
This contract may be terminated at any time, by either party, without penalty, provided a [number of day]
day 's notice is given in writing. Owner may cancel the contract at any time, without advance notice or penalty,
in the event of gross negligence on the part of the Contractor.
By signing below, both parties agree to be bound by the terms of this contract
Dated: 2/15/2024
hope smith
Alaska Manufacturing Extension
This part of the contact tells each person what they need to do if they want to terminate the contract. This is so one person cannot break a contract just because they feel like it.
References
Alaska Manufacturing Extension Partnership Center | NIST. (n.d.). National Institute of Standards and Technology. Retrieved February 16, 2024, from https://www.nist.gov/mep/centers/alaska-manufacturing-extension-partnership-center
Contract B:
Two Party Contract
Agreement made 2/15/2024 , between hope smith ,45 Alaska Lane, Alaska , and Hope Farm , 32 Hill ct, Alaska.
The parties to this agreement, in consideration of the mutual covenants and stipulations set out, agree as follows:
Section One
Quality of Cheese
As per the agreement Hope Farm is to provide fresh shredded mozzarella cheese to hope smith.
Section Two
Quantity
Hope farm is to provide 500 pounds of mozzarella cheese to hope smithj.
Section Three
Price
hope smith is responsible for paying $300 for every 500 pounds of cheese to Hope farm.
Section Four.
Instrument as Entire Agreement
This instrument contains the entire agreement between the parties. All prior statements, promises, or inducements made by either party or its agent are abrogated by this agreement and are of no further force and effect from and after the date of this agreement. This contract may not be enlarged, modified, or altered except by a writing, signed by the parties and indorsed on this agreement.
Section Five
Effect of Agreement
This agreement inures to the benefit of and binds the heirs, executors, administrators, assignees, and successors of the respective parties.
The parties have executed this agreement at [name of city] on the day and year stated above.
hope smith
Hope Farm
I will be paying for the delivery of the items and I will be picking up the cheese as well. The farmer has to keep the cheese fresh and shred it for me. All of the cheese will be coming shredded.
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