Elements of a Contract

Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the Fabulous Hotel, the following paragraph appears:

“The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ.”

  1. Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
  2. Explain why this contract is governed by common law or the Uniform Commercial Code (UCC).
  3. Examine at least two circumstances in which this non-compete agreement would be unenforceable. 

Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite three scholarly sources in addition to the textbook. 


Class, this week you have a short paper due on contract and non-compete law. Please make sure you discuss all the elements of a contract, what their definitions are, and explain and apply them by using our assignment example. Every definition needs a reference. Then, I’d like you to discuss whether the example is governed by common law of contracts or UCC law and why. Finally, I’d like you to discuss if the non-compete clause is enforceable or not and why. Make sure you explain what makes a non-compete clause enforceable. There are certain elements you need to discuss. If you follow this guideline, I think your paper will flow nicely. Do not make up additional facts or scenarios to the example! All you need for the paper is given to you in your textbook. There is no right or wrong answer for whether the noncompete clause is enforceable or not, but rather how you analyze the situation is what counts. Put your lawyer caps on and argue a side.

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