Legal Of Environment Business: Contracts Evaluation Assignment
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Contracts Evaluation
The ability to read and understand contracts is fundamental in law and in life. Corporate transactions are bundles of contracts, most civil litigation is based on contract, and we all deal with contracts in our personal lives (whether we are aware of this fact or not). In this project, you will analyze a contract and answer questions about specific provisions of the contract, as well as general questions about the effectiveness of the contract in general.
Read the social media influencer contract located inside this folder. Answer the following questions:
1. Is there a governing law provision? If so, what state’s laws apply to this contract? In what paragraph is this provision found? (5 points)
2. Can the contract be assigned? In what paragraph is that provision found? (5 points)
3. What intellectual property rights does the influencer maintain and for how long? (10 points)
4. If the influencer begins to rep another product, must he or she notify the company? In what paragraph is this provision found? (10 points)
5. Is there a covenant not to compete? If so, how long does it apply? In what paragraph is this provision found? (5 points)
6. Which party seems to have had the stronger bargaining position, and why? (20 points)
7. Which specific provisions favor the employer? Explain. (5 points)
8. Which specific provisions favor the employee? Explain. (5 points)
9. The parties' main intentions in signing this contract were to promote a product, protect the firm's confidential information and to explain how the company could use all information. Which provisions are related to those three purposes? (5 points)
10. Which provisions seem entirely unrelated to the main purposes of the contract? Why are these other provisions included in the contract? What do they do for the parties? (10 points)
11. As a potential influencer being asked to sign this agreement, what major concerns might you have? (Discuss at least two.) (10 points)
12. Suppose that after one year the influencer decides to resign from this company. What provisions of this contract should the influencer review before resigning—that is, which provisions will likely affect his or her future in this situation? When leaving the company, what actions should the employee take to ensure that he or she is in compliance with all obligations? (10 points)