Question
Your assignment is to draft a contract. Here are the rules for the assignment. The topic of the contract has to be an everyday transaction
Your assignment is to draft a contract. Here are the rules for the assignment.
The topic of the contract has to be an everyday transaction for which you would not normally write a contract. The posted example to purchase one cup of coffee is a good example. The exercise we did in class for the rights and obligations exchanged when you take a taxi ride is another example of the exchange of rights and obligations that occur in a contract. Your contract subject cannot be:
For the purchase of a cup of coffee or any similar beverage (because I gave you that)
For a taxi ride because we discussed that in class.
For these topics:
Buying a computer or cell phone with two pages of performance specs.
Buying a slice of pizza and a drink or buying a hamburger
Renting an apartment
It could be for something as simple as a haircut or buying groceries, taking the bus or buying a ticket to a Kamloops Blazers hockey game, hiring a personal trainer, renting a bicycle etc.
I am looking for something between 2 and 3 pages long. No longer. Typed.
You are free to copy from the contract template I have provided in terms of the format of the contract. In other words, you can put the parties names at the top like I did, you can use the recitals (which are the A., B., and C at the beginning of the coffee contract I gave you). You can use the headings and the final paragraph at the end of the contract where people would sign.
I am not looking for fancy legal language and I am more interested in the quality of your analysis in terms of the rights and obligations being exchanged between the parties.
Not every term in the coffee contract will be relevant to your contract. You will have to write what you think is relevant to what your contract. I want you to show me that you are thinking this through a bit.
TEMPLATE AS EXAMPLE
[your name] [your student number/section number] - This contract dated November 4, 2022 - Between: Java Joe (the "Buyer") And: Coffee Holdings Ltd. d.b.a. Tim Hortons (the "Seller") (collectively referred to as the "Parties") Whereas: - A. The buyer wishes to buy a cup of coffee on the specifications outlined in this agreement (the "Coffee") B. The Seller wishes to sell a cup of Coffee C. The Parties wish to outline their respective rights and obligations. In consideration of the mutual promises contained in this agreement the Parties agree as follows: 1. Sellers Obligations a) The seller agrees to provide one (1) cup of coffee on the following specifications: i) container size: 325 milliliters ("ml") plus or minus 20ml. ii) composition: wax lined cardboard cylindrical container reasonably fit for the purpose of containing a hot beverage. iii) contents: not less than 300ml. of "Fresh Brewed" (meaning coffee brewed with hot water consisting entirely of roasted Arabica coffee beans that have been brewed not more than 20 minutes of the placing of the order by the Buyer in accordance with the terms of this agreement and having a temperature of not less than ninety (90) degrees Celsius and not more than ninety-eight (98) degrees Celsius). The Seller represents and warrants that the contents are safe for consumption and not contaminated in any way. iv) customization: The Buyer shall, at the Buyers sole option be provided with the following ingredients in such amounts as may be reasonably specified by the Buyer at the time of order, which ingredients shall be provided at no additional cost to the Buyer. 1. Dairy based table cream 2. Non-dairy based whitener 3. Sugar 4. Sugar substitute 5. Plastic lid with a partially detachable cover 6. Plastic stir stick with a length not less than the depth of the coffee container 7. Additional cardboard sleeve for cup v) Delivery: The Coffee shall be delivered to the counter of the Seller's place of business. All further transport of the Coffee shall be the sole responsibility and expense of the Buyer. vi) Quality: Upon delivery, the Seller warrants and agrees that in normal handling circumstances the coffee will remain Fresh Brewed for a period of not less than five (5) minutes from the time of delivery. The Seller agrees that it will bear responsibility for ensuring that the Coffee is of reasonable quality and safe to drink by the Buyer. v) Deadline: In the event that the Fresh Brewed coffee is not delivered within five (5) minutes of the placing of the order, the Buyer may rescind this agreement and no further remedy shall be available to the Buyer or the Seller. 2. Buyers Obligations a) Payment: The Buyer agrees to pay the Seller for the Coffee as follows: i) Price: one dollar and eighty five cents ($1.85) of the lawful money of Canada. ii) Form: 1. Cash in denominations of not more than twenty (\$20.00) dollars 2. Debit card from a Canadian bank, credit union or trust company; or 3. a recognized credit card bearing either a "Visa" or "Mastercard" brand issued by a Canadian bank, credit union or trust company. c) Buyer Conduct: The Buyer agrees that he/she will ensure the following: i) Service Time: The Buyer agrees to wait respectfully in line when required and recognizes that Coffee will be provided on a first come first serve basis. ii) Order Time: Upon being recognized by representatives of the Seller the Buyer will place his/her order for the Coffee in a reasonably prompt manner. iii) Departure: Upon delivery of the Coffee the Buyer will vacate the counter area of the Seller in a prompt and businesslike fashion to make way for other customers of the Seller. iv) Nuisance : The Buyer will not do or state anything that might reasonably be considered to be a nuisance to the business of the Seller and if the representative of the Seller, acting reasonably but in the interests of the Seller, determines that the Buyer is conducting him or herself in such a fashion as to cause a nuisance to the Seller or its other customers, then such representative shall have the right to inform the Buyer that he/she has become a trespasser on the premises of the Seller and the Buyer shall be required, immediately, to leave the premises of the Seller. In witness to the terms and conditions contained within this agreement, the Buyer and the Seller have signed this agreement in the space indicated below on the 16th day of November, 2022. Java Joe Coffee Holdings Ltd. by its Authorized Signatory(ies)Step by Step Solution
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