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Posted: Thu Jan 25, 2007 9:22 pm
by Deepak
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?

Posted: Thu Jan 25, 2007 9:47 pm
by trashtalkr
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

Posted: Thu Jan 25, 2007 10:12 pm
by Highlander65
Don't forget to distinguish between Employees and Contract persons to be used again and Contract persons NOT to be used again.

Posted: Thu Jan 25, 2007 11:01 pm
by AYHJA
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/