Question Description
Last week you were introduced to the Course Project for this course.Now that the negotiations between you and Mr. Barker are done, you aretasked with the job of drafting the contract that will finalize thisdeal. For this week, you will get to practice your contract draftingskills by creating a rough draft of a contract for this toy transaction.
Based on the information from the worksheet from last week, you areto build a formal, written contract. You will need to include:
- Parties – The names and addresses of all the contracting partiesshould be clearly stated. You can make these up for this contract.
- Dates – List the date that the contract is being entered into.
- Definitions and Interpretations – If there are any defined termsin the contract, this section should provide specific and cleardefinitions.
- Payment Provisions – The exact price to be paid for the goods orservices provided and the date or dates for payment to be made should beclearly set out. Remember, you want cash and not a check or credit cardfor this contract.
- A specific description of the set of toys should be stated in this section.
- Term of contract – The length of the contract should be stated andit should also be noted whether there are any options to continue thecontract. This is a contract for this specific instance and should benoted in the contract.
- Limitation of liability – This section caps the liability ofeither party to the contract. For example, Mr. Barker has inspected theset of toys and accepts them "as is." If he finds a defect with them at alater date, you have no further responsibility to him.
- Signature Lines – Provide proper signature and date lines at the conclusion of the contract for both parties.
Besides including the above list and the standard elements of acontract, you are to also include the following clauses into yourformal, written contract between you and Mr. Barker:
- A Mandated Alternative Dispute clause.
- Act of God/ Force Majeure Clause in case the toys are destroyed by a natural disaster.
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