Contract Analysis 50%
You can pick a contract to analyze. You must attach a copy of the contract if you use your own. You may also use one of the contracts that I have placed in Modules. If you use one of those that have been provided to you, you do do not need to attach the contract that you are using; just tell me which one you are using.
- Each student is to produce a 4 paragraph paper analyzing the contract. If you are using an executed contract be sure any confidential data has been deleted or blacked out.
- The first paragraph should be a summary of the contract which discusses any features of the contract that were covered in the text. Please note that I said a summary – which means an overview of the contract and not a detailed description.
- In the other three paragraphs you need to discuss andanalyze three different clauses in the contract (one per paragraph) and how they relate to the textbook and/or lectures. Be sure to indicate which paragraph in the contract you are discussing, e.g., paragraph 3a. of the contract talks about x, y, and z. Summarizing the clause is not an analysis. Show me that you understand how this clause functions in the “real world”. I want to see that you understand the legal consequences of each clause you are discussing and not just paraphrasing the contract wording. Hypothetical examples are an easy way of showing this. Identify the concept, define it, and analyze it. Each of the three paragraphs should have the same type of analysis, e.g. identify, define, and analyze. As a general rule, a hypothetical works very well in analyzing the term.
- You must also refer by page or chapter to the part(s) of the text. It is not sufficient to say “according to the text” or something similar. Additionally, do not reference other textbooks.
- Do Not Talk About Offer, Acceptance and Consideration. Don’t talk about an express contract. If you are unsure, then ask me via email. Most contracts don’t say, “This is an express contract”. If your contract is in writing IT’S AN EXPRESS CONTRACT! It is probably a bilateral contract as well. You will receive no extra points if you state this. If you use any of these concepts as the legal concept in your analysis and, the legal concept isn’t the subject of that clause, you will receive no points for that clause.
- Spelling and grammar are part of the grading and deductions will be taken if there are errors in these areas. The Writing Center on campus is free to all Cuyamaca students.
RESIDENTIAL HOUSE LEASE AGREEMENT This Residential House Lease Agreement (“Lease”) is made and effective this [Date] by and between [Landlord] (“Landlord”) and [Tenant] (Tenant). 1. PREMISES. Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at following address: 345 South Street, Main City, (the “House”). 2. TERM. The term of this Lease shall start on [Move-in Date], and end on [Lease End Date]. In the event that Landlord is unable to provide the House on the exact start date, then Landlord shall provide the House as soon as possible, and Tenant’s obligation to pay rent shall abate during such period. Tenant shall not be entitled to any other remedy for any delay in providing the House. 3. RENT. Tenant agrees to pay, without demand, to Landlord as rent for the House the sum of $1250.00 per month in advance on the first day of each calendar month, at [Address for Rent Payments], or at such other place as Landlord may designate.
Landlord may impose a late payment charge of $10 per day for any amount that is more than five (5) days late. Rent will be prorated if the term does not start on the first day of the month or for any other partial month of the term. 4. SECURITY DEPOSIT. Upon execution of this Lease, Tenant deposits with Landlord $1,250 as security for the performance by Tenant of the terms of this Lease to be returned to Tenant following the full and faithful performance by Tenant of this Lease. In the event of damage to the House caused by Tenant or Tenant’s family, agents or visitors, Landlord may use funds from the deposit to repair, but is not limited to this fund and Tenant remains liable. 5. QUIET ENJOYMENT.
Landlord agrees that if Tenant timely pays the rent and performs the other obligations in this Lease, Landlord will not interfere with Tenant’s peaceful use and enjoyment of the House. 6. USE OF PREMISES. A. The House shall be used and occupied by Tenant exclusively as a private single-family residence. Neither the House nor any part of the House or yard shall be used at any time during the term of this Lease for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence. B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and orders of appropriate governmental authorities and homes associations, if any, with respect to the House. -1- 7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than 4 persons, including no more than 3 children under the age of eighteen (18) years, without the prior written consent of Landlord. 8. CONDITION OF PREMISES. A. Tenant agrees that Tenant has examined the House, including the grounds and all buildings and improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition. B. Landlord and Tenant agree that a copy of the “Joint Inspection,” the original of which is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the condition of the House at the commencement of Tenant’s occupancy. 9. ASSIGNMENT AND SUBLETTING. A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use the House or any part of the House without Landlord’s prior written consent. B. Any assignment, subletting, concession, or license without the prior written consent of Landlord, or an assignment or subletting by operation of law, shall be void and, at Landlord’s option, terminate this Lease. 10. ALTERATIONS AND IMPROVEMENTS. A. Tenant shall make no alterations to the House or construct any building or make other improvements without the prior written consent of Landlord.
B. All alterations, changes, and improvements built, constructed, or placed on or around the House by Tenant, with the exception of fixtures properly removable without damage to the House and movable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain at the expiration or earlier termination of this Lease. 11. DAMAGE TO PREMISES. If the House, or any part of the House, shall be partially damaged by fire or other casualty not due to Tenant’s negligence or willful act, or that of Tenant’s family, agent, or visitor, there shall be an abatement of rent corresponding with the time during which, and the extent to which, the House is untenantable. If Landlord shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage. 12. DANGEROUS MATERIALS. -2- Tenant shall not keep or have on or around the House any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the House or that might be considered hazardous.
13. UTILITIES. Tenant shall be responsible for arranging and paying for all utility services required on the premises. Tenant shall not default on any obligation to a utility provider for utility services at the House. 14. MAINTENANCE AND REPAIR. A. Tenant will, at Tenant’s sole expense, keep and maintain the House and appurtenances in good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the fixtures in the House in good order and repair; keep the furnace clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant’s sole expense, make all required repairs to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Tenant’s misuse, waste, or neglect, or that of the Tenant’s family, agent, or visitor. B. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant without the prior written consent of Landlord
. C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction of the House, or the failure of any of Landlord’s appliances or mechanical systems, and except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system. 15. ANIMALS. Tenant shall keep no domestic or other animals in or about the House without the prior written consent of Landlord. 16. RIGHT OF INSPECTION. Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Lease and any renewal of this Lease to enter the House for the purpose of inspecting the premises and/or making any repairs to the premises or other item as required under this Lease. 17. DISPLAY OF SIGNS. During the last thirty (30) days of this Lease, Landlord or Landlord’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the House and enter to show the House to prospective purchasers or tenants. 18. HOLDOVER BY TENANT. -3- Should Tenant remain in possession of the House with the consent of Landlord after the expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty (30) days by either party or longer notice if required by law.
If Tenant holds over without Landlord’s consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant leaves the House. 19. SURRENDER OF PREMISES. At the expiration of the Lease, Tenant shall quit and surrender the House in as good a condition as it was at the commencement of this Lease, reasonable wear and tear and damages by the elements excepted. 20. FORFEITURE OF SECURITY DEPOSIT – DEFAULT. It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of any security deposit from the last or any month’s rent or use or apply any such security deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security deposit shall be forfeited and Landlord may recover the rent due as if any such deposit had not been applied or deducted from the rent due. For the purposes of this paragraph, it shall be conclusively presumed that a Tenant leaving the Premises while owing rent is making an attempted deduction of deposits.
Furthermore, any deposit shall be held as a guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by the Tenant should Tenant breach any of the terms and conditions of this Lease. In the event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant within fifteen (15) days notice from Landlord, then in addition to forfeiture of the Security Deposit, Landlord may pursue any other remedy available at law, equity or otherwise. 21. ABANDONMENT. If at any time during the term of this Lease, Tenant abandons the House or any of Tenant’s personal property in or about the House, Landlord shall have the following rights: Landlord may, at Landlord’s option, enter the House by any means without liability to Tenant for damages and may relet the House, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting; Also, at Landlord’s option, Landlord may hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting.
Landlord may also dispose of any of Tenant’s abandoned personal property as Landlord deems appropriate, without liability to Tenant. Landlord is entitled to presume that Tenant has abandoned the House if Tenant removes substantially all of Tenant’s furnishings from the House, if the House is unoccupied for a period of two (2) consecutive weeks, or if it would otherwise be reasonable for Landlord to presume under the circumstances that the Tenant has abandoned the House. 22. SECURITY. Tenant acknowledges that Landlord does not provide a security alarm system or any security for the House or for Tenant and that any such alarm system or security service, if provided, is not -4- represented or warranted to be complete in all respects or to protect Tenant from all harm. Tenant hereby releases Landlord from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security. 23. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. 24. INSURANCE. Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property, nor shall Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, acts of God, or otherwise. 25. BINDING EFFECT. The covenants and conditions contained in the Lease shall apply to and bind the heirs, legal representatives, and permitted assigns of the parties. 26. GOVERNING LAW. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of California 27. ENTIRE AGREEMENT. This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease is hereby superseded.
This Lease may be modified only by a writing signed by both Landlord and Tenant. 28. NOTICES. Any notice required or otherwise given pursuant to this Lease shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for payment of rent. IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written. [Signatures] -5- JOINT INSPECTION THIS INSPECTION SHOULD BE COMPLETED PROMPTLY FOLLOWING INITIAL OCCUPANCY OR UPON DELIVERY OF POSSESSION LANDLORD: [Landlord] TENANT: [Tenant] TENANT: [Tenant] PREMISES: [Complete Address of House] DATE OF POSSESSION: [Move-in Date] CONDITION OF PREMISES: INDICATE WITH A CHECK OF EITHER “YES” OR “NO” IF THE FEATURE IS CLEAN AND UNDAMAGED. IF “NO”, PROVIDE AN EXPLANATION IN THE “NOTES”, OR IF “NOT APPLICABLE” INDICATE WITH “NA”.
Yes No Notes LIVING ROOM Walls & Baseboard Carpet Drapes, Rods, Hooks Door & Lock Coat Closet DINING AREA Walls & Baseboard Carpet Light Fixture Windows & Screens KITCHEN Walls & Baseboards Light Fixture Stove Drip Pans Oven Broiler Pan Hood, Fan & Light Refrigerator Defrosted Ice Trays Hydrator Cover Dishwasher Cupboards Drawers Counter Sink Disposal & Stopper Floor HALL Walls & Baseboards Carpet/Floor -6- Light Fixture Linen Closet BATHROOM – 1 Walls & Baseboard & Sink Counter Cabinets/Mirror Toilet Bath Tub/Shower Light Fixture Floor Tissue Holder/Towel Bars BATHROOM – 2 Walls & Baseboard & Sink Counter Cabinets/Mirror Toilet Bath Tub/Shower Light Fixture Floor Tissue Holder/Towel Bars
BEDROOM – 1 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor BEDROOM – 2 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor DEN or BEDROOM – 3 Walls & Baseboard Windows & Screens Drapes, Rods & Hooks Light Fixtures Carpet Closet Floor BASEMENT/FURNACE ROOM Furnace Washer & Dryer Water Storage Tank MISCELLANEOUS -7- Balcony/Patio Storage Area Garage Mailbox OTHER FURNITURE INVENTORY (If the furniture is provided by Landlord) Item LIVING ROOM Couch Chairs Lamps Coffee Table End Table Nbr Item Nbr BEDROOM 1 Beds Dressers Mirror Nightstands Lamps DINING AREA Table Chairs Hutch BEDROOM 2 Beds Dressers Mirror Nightstands Lamps KITCHEN Stove Oven Refrigerator Dishwasher Table Chairs BEDROOM 3 Beds Dressers Mirror Nightstands Lamps LAUNDRY/UTILITY ROOM Washer Dryer DEN / STUDY Desk Chairs Tables Bookcases Lamps OTHER The parties acknowledge that the above inspection was made on ___________________, and that the conditions of the premises and the inventory of furnishings and appliances is as shown above.
The parties further agree that a copy of this Joint Inspection was provided to Tenant. [Signature] -8- INDEPENDENT CONTRACTOR AGREEMENT This Agreement is entered into as of the [ ] day of [ ], 200[ ], between [company name] (“the Company”) and [service provider’s name] (“the Contractor”). 1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. 2. Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in the estimate previously provided to the Company by the Contractor and which is attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.
3. Expenses. During the term of this Agreement, the Contractor shall bill and the Company shall reimburse [him or her] for all reasonable and approved out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder. Notwithstanding the foregoing, expenses for the time spend by Consultant in traveling to and from Company facilities shall not be reimbursable. 4. Written Reports. The Company may request that project plans, progress reports and a final results report be provided by Consultant on a monthly basis. A final results report shall be due at the conclusion of the project and shall be submitted to the Company in a confidential written report at such time.
The results report shall be in such form and setting forth such information and data as is reasonably requested by the Company. 5. Inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor’s prior written approval by the Company to a wholly-owned subsidiary of the Company. 6. Confidentiality.
The Contractor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company.
The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Contractor further agrees that [he or she] will not disclose [his or her] retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of [his or her] relationship to the Company and of the services hereunder.
7. Conflicts of Interest; Non-hire Provision. The Contractor represents that [he or she] is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the Company. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or contractor of the Company or hire any such employee, consultant, or contractor who has left the Company’s employment or contractual engagement within one year of such employment or engageme…
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