Im doing this database systems paper and we have to model databases basically.
For our assignment there is this conceptual model that we have to draw up and my lecturer said that it might be good to use a generalisation structure.
But the thing is I dont know enough about contract and the difference in between them. The case is about a law firm that has employees who are either principals ( partners of the firm), assistants ( assistant lawyers working under principals) and freelancers ( including private investigators , expert witnesses , proccess servers and legal researchers) .
So I just want to know what specific things would be in their contracts. I know things like salary , time the contract expires and stuff like that . Those are the baiscs and what im looking for is the things that would not be in one contract and be in another. So for example say for a freelancer there could be a clause for distance travelled fees which wont be part of the principals or assistants contract.
Can you guys think up any more stuff?
Contracts
-
Deepak
- Posts: 2789
- Joined: Fri Nov 19, 2004 3:02 am
- Contact:
-
trashtalkr
- Sports Guru
- Posts: 7978
- Joined: Thu Nov 18, 2004 8:20 pm
- Contact:
You'd want a clause for traveling fees if your workers are gonna need to travel a significant distance. If not, put in the contract that they won't get compensated for travel time.
You want something in there for breaches in the contract - ways out. If they don't do a significant portion of the work, the contract is voidable.
A basic contract needs these elements
1. A legal offer
2. A legal acceptance
3. Consideration - (Both parties need to be giving up something)
4. No defenses to formation of the contract
A. Statute for Frauds - (States that certain contracts must be in writing)
1. Land
2. Deals over $500
3. Marriage
4. Gifts/Debts
5. Contracts over a year
B. Mistake
C. Illegality - (Must be a legal object that's being sold)
D. Incapacity
E. Unconscionability
F. Duress, Fraud, or Misrepresentation
You need to write in there any remedies for if the contract has been breached. A breach is any deviation from the contract no matter how slight.
1. Anticipatory Repudiation
2. Minor Breach
3. Material Breach
4. Remedies
A. Compensatory
B. Liquidated Damages
C. Specific Performance
D. Reliance Damages
E. Restitution
That's basic contracts 101 right there. Hopefully that'll help you out a little. If you have any questions just ask. I'll do the best I can on answering them
You want something in there for breaches in the contract - ways out. If they don't do a significant portion of the work, the contract is voidable.
A basic contract needs these elements
1. A legal offer
2. A legal acceptance
3. Consideration - (Both parties need to be giving up something)
4. No defenses to formation of the contract
A. Statute for Frauds - (States that certain contracts must be in writing)
1. Land
2. Deals over $500
3. Marriage
4. Gifts/Debts
5. Contracts over a year
B. Mistake
C. Illegality - (Must be a legal object that's being sold)
D. Incapacity
E. Unconscionability
F. Duress, Fraud, or Misrepresentation
You need to write in there any remedies for if the contract has been breached. A breach is any deviation from the contract no matter how slight.
1. Anticipatory Repudiation
2. Minor Breach
3. Material Breach
4. Remedies
A. Compensatory
B. Liquidated Damages
C. Specific Performance
D. Reliance Damages
E. Restitution
That's basic contracts 101 right there. Hopefully that'll help you out a little. If you have any questions just ask. I'll do the best I can on answering them
"If there were no eternal consciousness in a man, if at the bottom of everything there were only a wild ferment, a power that twisting in dark passions produced everything great or inconsequential; if an unfathomable insatiable emptiness lay hid beneath everything, what would life be but despair?"
Soren Kierkegaard
Soren Kierkegaard
| BBcode: | |
| Hide post links |
-
Highlander65
- Posts: 793
- Joined: Wed Jun 28, 2006 9:45 am
Don't forget to distinguish between Employees and Contract persons to be used again and Contract persons NOT to be used again.
| BBcode: | |
| Hide post links |
-
AYHJA
- 392
- Posts: 37990
- Joined: Fri Sep 17, 2004 2:25 pm
- Location: Washington, D.C.
- Contact:
Damn you guys are good...
Also D, I am in the mortgage business, I can send you the types of contracts and things that we use if you need another visual model...But for the most part, tt nailed it...
When you get it done, post it up so we can help you with it if need be...
http://www.speedyshare.com/
Also D, I am in the mortgage business, I can send you the types of contracts and things that we use if you need another visual model...But for the most part, tt nailed it...
When you get it done, post it up so we can help you with it if need be...
http://www.speedyshare.com/
| BBcode: | |
| Hide post links |