Contract Law Week 11 CD
What information should a legal professional obtain from a client before drafting a contract?
1. Names of parties
2. Objectives of client
3. Purpose of agreement
4. State of employment
5. Geographical restrictions
6. Period of nondisclosure
7. Information not to be disclosed
Name two points that should be considered when drafting a contract and tell why you feel they are important.
Conditions are important because if a party fails to pay or tries to default on a contract, the other party can always go back to the term and conditions.
Duration is also important when drafting a contract because knowing how long someone will be bound to a commitment should be a priority.
Name two items that you would include in a preliminary checklist for an employment contract and tell why you feel they are important.
The legal ramifications of the agreement – It is important for the attorney to discuss any legal ramifications that might arise from the contract provisions and to assist the client in understanding the scope of the contract. Knowing what the client wants and expects can minimize contract drafting problems.
The terms and conditions of the agreement – It is important to know the terms and conditions of the agreement are important in a contract because they establish what is expected of both parties. When someone is in violation of the contract's terms and conditions, the other party may sue for a remedy.
How would you define “legalese” and “term of art?” Is there room for interpretation here? Why or why not?
I would most likely explain legalese as conditions that a law professional might use in an expressive manner to confuse clientele. Term of art might be explained as a language utilized by specific professionals who understand the meaning given it pertains to particular instances in which there would be room for explanation for those who are not in the legal profession. This way there wouldn't be any surprises or implications for someone who agreed because they did
1. Names of parties
2. Objectives of client
3. Purpose of agreement
4. State of employment
5. Geographical restrictions
6. Period of nondisclosure
7. Information not to be disclosed
Name two points that should be considered when drafting a contract and tell why you feel they are important.
Conditions are important because if a party fails to pay or tries to default on a contract, the other party can always go back to the term and conditions.
Duration is also important when drafting a contract because knowing how long someone will be bound to a commitment should be a priority.
Name two items that you would include in a preliminary checklist for an employment contract and tell why you feel they are important.
The legal ramifications of the agreement – It is important for the attorney to discuss any legal ramifications that might arise from the contract provisions and to assist the client in understanding the scope of the contract. Knowing what the client wants and expects can minimize contract drafting problems.
The terms and conditions of the agreement – It is important to know the terms and conditions of the agreement are important in a contract because they establish what is expected of both parties. When someone is in violation of the contract's terms and conditions, the other party may sue for a remedy.
How would you define “legalese” and “term of art?” Is there room for interpretation here? Why or why not?
I would most likely explain legalese as conditions that a law professional might use in an expressive manner to confuse clientele. Term of art might be explained as a language utilized by specific professionals who understand the meaning given it pertains to particular instances in which there would be room for explanation for those who are not in the legal profession. This way there wouldn't be any surprises or implications for someone who agreed because they did