In order to complete this unit I should create a booklet for ‘Ebash Neft’
company that describes the legal criteria for offer and acceptance in a
valid contract and explain the law in relation to the formation of the
contract.
For part of the information pack for the law student I have decided to
prepare a power point presentation explaining the terms in a contract,
what affect these have, and the various statutes that affect contractual
terms. This will then be shown to the employee when they arrive as part
of their first week experience.
,Business contracts
Contract − is a spoken or written or implied agreement between two or more sides
that is legally binding.
Terms of a contract – set out duties of each party under that agreement.
Before entering into a contract, various statements will often be made by one
party in order to encourage or induce the other party to enter into the contract. A
dispute may later arise as to which of the statements made should be considered
a part, or a term, of the contract, and which should be taken as merely pre-
contract talk, and therefore not a part or term of the contract. Parties to a
contract are bound only by its terms, not by any peripheral statements that may
have been made.
The courts can look at evidence of intention by one or other of the parties that
the statement should be part of the contract. For example, the longer the interval
is between the making of the statement and the reaching of the final agreement
and contract, the less likely it is that the statement will be considered to be a
term of the contract.
The fact that the maker of the statement had a special knowledge or skill
compared with the other party will make the statement more likely to be a term.
Where the agreement was subsequently reduced to writing and the statement
was not included, it is less likely to be a term.
, Contract terms
There are a lot of different types of contracts: employment contract, sale-buy contract, building contract, borrowing contracts, etc… Also each of
them have different context, terms and conditions.
Here are some of terms and conditions of any employment contract:
Names of the Parties – the employer’s organisation details and the employee’s full name and address.
Start Date – This is important as it also includes a brief statement to say that employment with a previous employer does not count toward s the various
rights that are gained by employees after one and two years of service.
Job title and description – This usually follows the job title and description specified in any recruitment advertisement and subsequent offer letter.
Duties – an account of things what employee will be supposed to do on the particular post.
Place of work – Allows the employer to specify the location where the employee will work.
Hours of work – The employee's hours are specified within the contract, however the employee also agrees to work additional hours if the employer
reasonably requests it.
Probability Period – The employer can specify a trial period for the employee with the option of a short notice period at the end of the trial, if the
employee does not fulfil expectations.
Salary – This details the employee's gross salary before tax, national insurance and any deductions. It’s also specifies when payment is made.
Holidays – This clause specifies when the holiday year will run from and how long employee can stay on holidays.
Sickness and Disabilities – declares what sides should do when any sickness occurs or if employee has any disabilities.
Pension – Post-retirement benefits.
Retirement – is the age at which a person may first become entitled to full or unreduced retirement benefits.