Essay 7,9,10

Question #1

First Point

Allison can prevent the assignment of giving a motivation talk to the multi-national sales force for AME Inc being done by TTT Corporation if it is forbidden by law or public policy. Allison should prove whether the assignment is validly precluded by the contract itself and whether it would substantially change the obligor’s rights or duties under the contract. AME Inc. acted unreasonably yet the covenant of good faith and fair dealing prohibits parties from acting unreasonably or irrationally.

Second Point

Allison can progress to sue AME Inc. for breaching their contract. This will base on the issue that AME Inc. violated the implied covenant of good faith and fair dealing.

Third Point

If Allison decided to sue AME Inc. the following factors will be involved:

· Obligations of good faith were they carried out completely by the two parties?

· What was entailed in the morality clauses included in the contract?

· What Allison did to lead to AME Inc. to breach the contract?

· Did AME Inc. come into agreement with Allison on transferring the contract to TTT Corporation or did Allison get the benefits from the contract’s agreement?

Fourth Point

Facts situation in this is that Allison and AME Inc. entered into a contract agreement to give a motivational talk to AME Inc.’s Multi-national sales force.

Fifth Point

If I were Allison, I can think that I will get justice because the facts do progress to suggest that AME Inc. to some point it may have acted unreasonably where I could win the motion and get the benefits I was to earn from the contract agreement.

Question #2

First Point

The primary goal for my counsel when negotiating a deal will be protecting me and the whole business in avoiding litigation basically in current activities and in the future. Additionally, in case litigation occurs at any period of time, my business attorney should make sure that I win. Still the Attorney should always be good at making a significant deal but not breaking it when negotiating. Moreover, the attorney must try to foresee and protect against everything in our business that seems it can possibly go wrong at any given period of time.

Second Point

The following are five ways that my legal counsel should serve me in the negotiation of the deal:

· Negotiating critical subjects at the beginning of the relationship between the parties involved because at this point everyone is on friendly terms and mostly is more eager to make a significant deal but the legal counsel should not wait until trouble strikes which basically will harm the relationship between the two parties.

· Should help me achieve my goals by making a deal happen but not breaking it or even discouraging me from entering to that deal rather should just point out any possible risks basing on any kind of an approach.

· My legal counsel should try most of the times raising my tough issues and trying to take various blames which are directed to me which will help me maintain a better relationship with the other party while negotiating a deal.

· Should help in drafting the contract agreement that has no mistakes, vagueness etc and follow the best structure after we the parties involved have come into terms of the deal.

· Should try the best while negotiating a deal to protect me from litigation and if at times litigation occurs, should make sure that I end up winning.

Question #3

First Point

The following are five representations and warranties which are guarantees by each party which is involved for the current condition and past actions that should be considered when drafting a contract:

· Legal status of assets.

· Authorization to enter agreement.

· Ownership and condition of assets.

· Accuracy of information provided.

· Ability to provide services and financial condition.

Second Point

I think the following would be the three most important provisions in contracts for my hotel business project:

· Introduction.

· Main Covenants.

· Representations and warranties.

The reason behind this is that in the Introduction the contract will highlight the business type and identify various parties, contract’s purpose and highlight whether agreement has been reached. In main covenants duties and responsibilities of each party will be explained and finally Representations and warranties will offer point out the guarantees for each party in the current situation and past actions.