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6 pages/≈1650 words
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2
Style:
APA
Subject:
Business & Marketing
Type:
Research Paper
Language:
English (U.S.)
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MS Word
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$ 31.1
Topic:
BL Unit III Mini Project
Research Paper Instructions:
UnitIII_Study_Guide.pdf
Analyze a Contract
In an organization, there are many contracts that can be used. In your career in the business field you may be required to sign and approve contracts. In your personal life, you may be required to sign contracts for purchases, estate planning, and banking, just to name a few. Your understanding of contracts and the laws governing these contracts will help protect you in both your career and personal life.
Your research project is to analyze a contract. Using an internet search engine, find a free downloadable example of a contract (this needs to be a contract that can be downloaded into Microsoft Word). You may want to use key terms like free, contract, or templates. Download the document into Microsoft Word. Using the comments option in Word, identify the basic elements of the documents, and the mandatory information required in the contract. Save the document with your comments. Begin a new page in the same Word document and answer the following questions in regards to the contract you chose to analyze.
1. Create a scenario in which this contract would be used. Name the parties involved and give background information as to why this particular contract is being used. Are there third party beneficiaries involved in this contract? Who are they, and what role do they play?
2. Explain the laws that govern this contract. Use specific examples within the contract to support your answer.
3. Is this contract fair? Using specific examples, explain why, or why not.
4. Is this contract completely integrated or partially integrated? What type of parole evidence might be used to question the contract issues? Use specific examples that might apply to your type of contract.
5. Does this contract allow for the assignment of rights? Describe a situation in which this contract might be assigned, and discuss what should occur during this assignment to protect all parties involved.
6. Discuss what would need to happen if an obligor indicates he intends to appoint another person to perform his contractual duties.
Your research project (not including the contract) should be at least 1500 words and should follow APA format style
Text book is The Legal Environment of Business and online commerce 7th edition by Henry R. Cheeseman
Research Paper Sample Content Preview:
BL Unit III Mini Project
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The contract can be used to for the sale of beats. There are two parties that are involved for the sale of the beats. There is a producer who has managed to come up with beats that are licensed to another party to produce music with the beats. The producer offers the composition to a willing buyer who under the outlined terms, will buy composition and use it for the purpose producing music. There is the buyer and the seller who are the parties who are question. The seller is the producer of the beats and buyer is given license to produce music with the beats under the contractual mutual agreement of the two parties. The buyer has got a variety of the agreed terms and conditions that the buyer should stick to in the operation under the contract. The contract serves to define the relationship of the two parties in respect to the agreed contract. The rights are clearly outlined which enhance the existence of understanding between the parties involved. The agreement is universal and controls the relationship of the parties in the contract. There is third party who is benefiting from the contract. The party is one who is a song writer of the one who composed the lyrics of the original composition. The third party is thereby classified as seller who is partnering with producer. The task of the writer was coming up with the lyrics that were used in the composition hence the producer was able to develop the beats from the lyrics. The third party is thereby intertwined with the producer`s role hence the two or the beneficiary is part of the seller which then creates the role of seller and the buyer (Raymond, 2011).
The law that is governing the contract is single jurisdiction. Under the agreement, the seller is the one who maintain hundred per cent ownership rights on the beats under the copy rights. The producer (seller) has exclusive copy rights ownership. The copy rights are the single jurisdiction that is operating in this case. In that case, the seller will consult copy rights law in case of a dispute within the two over the beats. For instance, "Buyer is the sole owner of the music referred to in this agreement. Buyer has no ownership of the, Exclusive Producer's copyrights; only Derivative works incorporating the music." That means the final jurisdiction lies on the copy rights but the buyer has no such rights. There is no way that the buyer is going to utilize the beats as buyers due to the copy rights being rested on the seller. The single jurisdiction therefore is rested on the copy rights under the directives of the seller (Cheeseman, 2013).
The contract is fair. There are a number of reasons that show how fair the contract is. One, the contract allows the buyer to sell the completed work in any music format. The presence of variety of music formats means that there will be accompanying huge sales. Many music lovers use different players for the music hence all manner of listeners are effectively served in this case. The buyer only needs to display the different formats and the listeners will grab the copies depending on the format they like. Second, the contract also maintains the essence of acknowledging the producer who in this case is the seller. The acknowledgement of the seller as the producer in the sale of the copies is quite honoring the seller. A producer is the one who shapes the music and makes the output appeal to the outside world. The producer will thereby be depicted as the original owner and subsequent contributor to the efficient output. Third, the producer is also supposed to be supplied with copies of each recording that is done by the buyer. The act will give the producer a chance of being in a position whether the buyer is working in accordance with the provisions of the contract. The chance is given for evaluation whether still the copies produced are good and whether they will be viable in the market. The copies will also serve as evidence that the buyer is working in accordance to the outlined terms in the contract. The last but not least attempt to show fairness is the right of the producer to be informed if at all the composition is to be used for background purpose in a production. The producer will thereby validate or make sure that the composition is not used in fields that would be illegal or in contrast to the will of the producer. Background use of the composition may in some cases violate the will of the producer he...
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