A 4 paragraph in 2 papers analyzing a contract, merely reference the title of the contract (which is Sale of Goods Agreement) in the report. A four paragraph typed summary of the contract must be attached which discusses any features of the contract that were covered in the text. The first paragraph is to be a summary of the entire contract. Please note that I said a summary - which means an overview of the contract and not a detailed description. Your summary paragraph should not be much longer than the 3 other paragraphs. I'm looking for an overview of the contract and not what each section is about. The other three paragraphs are to be used to discuss and analyze three different clauses in the contract (one per paragraph) and how they relate to the textbook. Be sure and indicate which paragraph in the contract you are discussing, e.g., #1 of the contract talks about x, y, and z. I am looking for an analysis of how each clause relates to the class material. Little or no analysis will result in bad situation. 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. You must also refer by page or chapter to the part(s) of the text you are using.
Discussing the formation of a contract is not acceptable unless it is a clause in the contract. In other words, Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are not clauses in most contracts. I also take into account the difficulty of the subject matter you have attempted. It is easy to talk about "termination" of a contract. It is more complex to talk about "subrogation" or "risk of loss".
My text book that you have to use is (Business Law TEXT & EXERCISES SEVENTH EDITION Miller & Hollowell, Thomson/West Publishers). If you are using an example from the text, be sure to reference that.
Here the contract that you will write about it. I chose a blank contract because is more easy to write about it and you don't have to fill the contract.
Sale of Goods Agreement
Agreement made _____________ (date), between _________________________, of _________________________________ (address), _____________________ (city), ______________ (county), ________________ (state), in this agreement referred to as seller, and ___________________, of ____________________________ (address), __________________ (city), __________________ (county), _____________ (state), in this agreement referred to as buyer.
SECTION ONE: SALE OF GOODS
Seller shall sell, transfer and deliver to buyer on or before ____________________ (date), the following personal property: ____________________________________________________________
____________________________________________________________ (description of goods).
SECTION TWO: PURCHASE OF GOODS
Buyer shall accept the goods and pay ________________________________________ Dollars ($ ________ ) for the goods.
SECTION THREE: IDENTIFICATION OF GOODS
Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement.
SECTION FOUR: PAYMENT ON RECEIPT
Buyer shall make payment for the goods at the time when, and at the place where, the goods are received by buyer.
SECTION FIVE: RECEIPT CONSTRUED AS DELIVERY
Goods shall be deemed received by buyer when delivered to buyer at ________________________________________ (address), __________ (city), __________ (county), __________ (state).
SECTION SIX: RISK OF LOSS
The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller until the goods have been accepted by the buyer.
SECTION SEVEN: WARRANTY OF NO ENCUMBRANCES
Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance.
SECTION EIGHT: WARRANTY OF TITLE
Furthermore, seller warrants that at the time of signing this agreement, seller neither knows nor has reason to know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
SECTION NINE: RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods on arrival and, within _______ business days after delivery, buyer must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by buyer.
In witness whereof, the parties have executed this agreement at ________________________________________ (designate place of execution) the day and year first above written.
Also, I attached a Contract Assignment example that I would like followed.© BrainMass Inc. brainmass.com December 20, 2018, 12:42 pm ad1c9bdddf
The response addresses the query posted in 796 words with APA references.
//The particular report highlights the Sale of Goods agreement in respect of the real world. In respect to this, a summary of the agreement is provided wherein all the necessity aspects and terms and conditions required within the sale of goods agreement are specified.//
Summary of the Contract
The sale of goods agreement is basically a Business to Business (B2B) process of selling goods that involve no warranty conditions. It is a seller-friendly version as it is mainly inclined towards delivering the benefits to the sellers. The sale of goods agreement mainly involves two or more parties that come into a contract of selling and buying the goods at the prices set by the mutual decision of the seller and the buyer (Klotz, 2008). The agreement involves certain key processes including invoice payments, delivery of goods and risk of loss, disclaimer of warranty, limitation of liability and actions, security interest, and the governing laws. The agreement delivers all the different levels on which the agreement settles including the late delivery of goods, late payment for the goods, and many more (Grundmann & Mazeaud, 2006). The contract includes certain sections namely, the sale of goods, purchase of goods, identification of goods, payment of receipt, receipt construed as delivery, the risk of ...
The response addresses the query posted about analyzing a contract in 796 words with APA References.