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).
Element of Contract
Course Name & No
Contractual agreement – Offer and acceptance
The Contractual agreement can be viewed in terms of Offer and acceptance. One party which is Offeror makes an Offer which once accepted by another party who becomes an Offeree creates a binding contract.
An offer is an expression of willingness to contract on a specific set of terms, which is made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. According to Mallor, Barnes, Bowers, & Langvardt (2010), before an offer can be said to exist, there must be intent to contract, definiteness of terms, followed by communication to offeree.
An acceptance is an expression of absolute and unconditional agreement to all set terms and conditions listed in the offer, which can be oral or writing. The acceptance must exactly mirror the original offer made. Conditional acceptance is also valid when a side agrees to pay after goods are delivered on a certain date at a certain location (Corbin, 2013).
Example for Offer and Acceptance: In a shop you make the offer when you take the goods to a till and the shop worker accepts your offer when they put the goods through the