Predictive Office Memo 2.docx - To From Date Re Contract...

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To: Stephen Rice Esq. From: Gerald J. Camilleri II Date: December 7, 2018 Re: Izabelle Rudolph; Contract Review and Annotation; Validity of Employment Contract. QUESTION PRESENTED Whether or not the Employment contract between Carbolic-Oceanic, Inc (Employer) and Izabelle Rudolph (Employee) meets the requisite elements needed to establish the formation of a legally binding employment contract? Brief Answer The draft annotation between the Employer and Employee meets all of the basic and essential requirements required by law to legally establish an enforceable contract between the Employer and Employee. Fact Statement The draft annotation of the employment contract between the Employer and Employee includes the basic elements of a legally binding contract. “The very basic rule of contract law is found in the Restatement (Second) of Contracts § 17(1)” 1 , which requires for that a contract require (1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument. 1 Jack M. Graves, Learning Contracts 59 (West Academic Publishing) (2014)
Discussion I. Establishing Offer, Acceptance and Mutual Assent The first page of the employment contract identifies both parties (Employer and Employee), establishes the terms of the agreement and identifies both Employer and Employee will have

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