William A. Shelby
At the course of Business Law, we got the knowledge about the contract. In addition we have an assignment that provides a contract analysis. This evaluation of the contract will be reviewed in accordance with the following requirements: 1. What specifically makes this contract enforceable?
2. What are the responsibilities of both parties?
3. What are the possible damages and liabilities?
4. What impact does a potential breach of contract have on the business? 5. Summarize, by reflecting in general on the impact legal issues can have in both small and large businesses. So, a contract is any voluntary legally binding agreement between two or more people or businesses. In our case the two parties will be represented by The State of Oregon, and by Pro DX, who will provide services and goods to the first one. 1. What specifically makes this contract enforceable?
Based on the English Statute of Frauds, not every contract has to be in writing to be valid and enforceable, but some contracts should be. This agreement between State of Oregon and Pro DX, should be in writing because this contract involving the providing of services (repairs, replacements, maintenances, and others) exceeding a big amount of money. To avoid misunderstandings and disagreements and to reduce the possibility of perjury by one party or the other, this contract should be in writing. Furthermore, because it can be performed in less than one year, this kind of contract can be in oral form, and it requires involving the third party (a witness) who in case of the trial will bring a reasonable and effective evidences, otherwise one of the party might deny that the contract ever existed or might disagree on the terms of the contract. Besides that this contract is a service contract, it is also a good contract because it requires implementation of goods components in modernization of the software. (Article 2 of the UCC) This contract, like all contracts become enforceable if all the elements of the contract have been fulfilled without fail. First that prove that the contract is enforceable is the offer. * The offer is a proposal made by one person to another person for the sale and purchase of goods, to engage in a job, action participation, and provision of services. So this contract offers software system design and programming services, in the future is valued at $ 52,800.00 for the state of Oregon. * Another element mentioned in the contract is acceptance. In general acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer. Acceptance in this case is described that contractor, herein Pro DX, agrees to perform the work in accordance with the terms and conditions of this contract. * Another important element found in this agreement is the legal consideration; this means that each party must provide something of value. In our contract this means that one party (Pro DX) will provide a service (such as maintenance, programming services, software), or a product, in exchange for money (from the State of Oregon, therein represented by the DHS). * If talking about a Professional Data Exchange Company and State of Oregon, we automatically can say that another element of contract is automatically respected. This is capacity to create a contract such means that each party must have the legal capacity to enter a contract. In most jurisdictions that means that they must be at least a certain age and of sound mind. For this mentioned companies it may mean that the individual is given express authority to enter a contract in the company’s bylaws or other formal documents, such is State of Oregon that is acting...