Order ID:89JHGSJE83839 Style:APA/MLA/Harvard/Chicago Pages:5-10 Instructions:
Common Law Or The Uniform Commercial Code
- 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 (Links to an external site.)Links to an external site.for the criteria that will be used to evaluate your assignment.
- As you get ready to write and submit your Week 3 paper, I wanted to provide a few helpful hints on this paper.
- Don’t add facts.
- I have had students create elaborate background information on the chef, to the point where the background information takes over the paper.
- When students add facts, they then create more legal issues that should be addressed and it causes the paper to become more muddled.
- It is a simple scenario. Keep it that way! It will make writing your paper much easier.
- This is not a creative writing paper. It is an academic, research paper.
- Write in third person, not first person.
- You write in third person for academic, research papers.
- Although the scenario says ‘you are the chef,’ you still need to address this in a more straightforward and objective manner.
- Examples: The chef signed the contract… The chef was offered another job…. The chef was the offeree and the hotel was the offeror…
- Address all the components that have to be addressed in the paper. As the assignment for Week 3 requires:
- Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable. What are the five elements the bookdiscusses? Detail those elements and then apply them to the paper’s scenario.
- Explain why this contract is governed by common law or the Uniform Commercial Code (UCC). When is a contract governed by common law? By the UCC? Provide details on these and then address what this contract falls under and the reasons why.
- Examine at least two circumstances in which this non-compete agreement would be unenforceable. What makes a noncompetition clause unenforceable? Be careful: what makes a contract illegal and what makes a noncompetition clause unenforceable are different factors. Pay attention to that in your textbook. Look under the heading that states Overly Broad Noncompetition Contracts.
- Use your textbook as one of your main sources. Support with other sources.
- There are so many sources that are out there that deal with contracts, and some are just not that accurate. When a student does not use the textbook as one of the main sources, they can easily overlook important course concepts.
- Other components to complete include:
- Make sure your paper is 4-5 pages long (excluding title, abstract and references page) and you have a minimum of 3 references in additionto your textbook.
- Make sure you proofread and that you have properly given credit to quotes and paraphrases.
- Make sure you have not relied too heavily on quotes and that you have discussed and analyzed quotes that are used within your paper.
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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