Expert answer:2-4 pages single spaced
Expert answer:construct a legal contract law using simple and clear language from the file below. make sure to follow rubic and instructions carefully
20171123000502drafting_assignment_3__1_.docx
20171123000536contract_rubric__1_.docx
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DRAFTING ASSIGNMENT 3
INSTRUCTIONS
• Due to the relatively long-nature of this assignment, you are going to work on it at home and
will be given relatively long time than other assignments. The starting time for this assignment
is at the moment it is posted into the BB until the submission date.
•
Give yourself time to read and understand the question well before you start drafting.
•
Use the 4 examples of contract (uploaded to the BB under ‘Content’ folder) as guidance.
•
You may need to use the “PRO FPRMA INVOCIE” attachment to obtain some basic
information about the institution you are drafting the contract for (such as address and like).
•
You may need to use the “TERMS AND CONDITIONS” attachment (which provided to you
by JKL) to include terms and conditions you think are going to serve the purpose of your client,
JKL. Use your discretion and legal knowledge to eliminate any unnecessary words, transition,
repetition, redundancy, etc. You are the LEGAL EXPERT here!
•
You might also need to review some of the legal terms you studied in the contract class or in
your Arabic legal drafting course in order to write a perfect draft.
•
Do not be lazy to re-write your draft more than one time to come up with a better quality
and, therefore, score high. Watch your spelling, choice of words, grammar and punctuation.
•
Your draft should not be less than 2 pages or more than 4. Incompliance with these
minimum and maximum limits will result in deduction in the total grade.
•
Address all the issues you are asked to address in the question, as the points are distributed
over them all.
•
Do not work with others so you do not get to copy anyone’s else’s work or allow them to copy
yours.
•
The deadline for this assignment is 8:00 am, Thursday, November 23rd. You MUST make
your online submission before this time as well as turn your hardcopy version in class the
same day.
•
THE ONLINE & HARDCOPY TOGETHER EQUAL A COMPLETE SUBMISSION. IF
EITHER IS LATE, THE WHOLE ASSIGNMENT WILL BE ADJUDGED AS “LATE” AND
20% OF YOUR FINAL GRADE FOR THE ASSIGNMENT WILL BE REDUCED PER DAY
UNTIL THE SUBMISSION IS COMPLETE AS PER THE DAHU REGULATIONS.
•
You MUST comply with the deadline. There will be no excuses or make-ups for any late
student as you are given a plenty of time.
•
Ask me if there is anything you do not understand.
PROBLEM
JKL Industries, Inc. is an American company, based in Philadelphia, PA, specializing in the
manufacturing and the selling of heavy equipment for customers who are mostly based overseas.
JKL (Party #1) hired your law firm to provide a first, clean draft of a templet contract that can be
used by JKL in its overseas deals with any customer (Party # 2). You are provided with a sample
of JKL’s invoices (Attachment #1) and “Terms and Conditions” form (Attachment #2).
Use all the formalities and notes you studied in this class (and other classes) in helping JKL,
as much as possible. Your draft should address JKL needs as follows:
1. You will notice that the terms and conditions of the agreement does not contain any
provision for the ‘parol evidence rule;’ this could be a problem if the CISG is to apply.
Draft a provision indicating that all modifications must be in writing, signed by the seller.
2. JKL wants to have an arbitration clause so that any disagreements will be settled in New
York, using New York law.
3. Update and verify shipping terms to avoid confusion over shipping/insurance/assignmentof-risk terms. (If needed)
4. Clean up any archaic, useless language.
ATTRIBUTES
Free On-Board (FOB): is a term in international commercial law specifying at what point
respective obligations, costs, and risk involved in the delivery of goods shift from the seller to the
buyer.
Parol Evidence Rule (PER): is a substantive common law rule in contract cases that prevents a
party to a written contract from presenting extrinsic evidence that discloses an ambiguity and
clarifies it or adds to the written terms of the contract that appears to be whole.
Organization of
the Assignment
10%
The assignment is organized in a meaningful
way that demonstrated pre-planning and
aforethought. It has an opening, body and
conclusion. Student demonstrates strong effort
in organizing the information into a clear and
coherent assignment.
1
Writing style
10%
Ideas and concepts are presented in a clear and
understandable manner.
Content and purpose of the writing are clear.
1
Mechanism
(Grammar,
punctuation,
citations form)
10%
Rules of grammar, usage, and punctuation are
followed; spelling is correct; Language is clear
and precise; sentences
display consistently
strong, varied structure
1
Style
30%
Addressing the
Question Asked
40%
The assignment demonstrates
effort in organizing the
assignment, but not all parts
are addressed and some
information is out of order
0.75
Ideas and concepts are clear
but sometimes the
Content is inconsistent with
regard to purpose
(Assignment) and clarity of
thought.
0.75
The Assignment contains few
grammatical,
punctuation
and spelling errors.
Language lacks clarity or
includes the use of
Some undefined jargon, or
conversational tone.
0.75
The assignment demonstrates
a lack of organization.
It is written with very little
planning.
Major parts of the assignment
are missing such as an
opening, body or conclusion.
0.5
The writing and concepts
lack some clarity.
The ideas barely articulated,
meaning
is
sometimes
obscure due to incomplete or
long sentences and complex
idea
0.5
The assignment contains
numerous
grammatical,
punctuation, and Spelling
errors.
Language uses undefined
jargon, or conversational
tone.
0.5
Assignment
does
not
demonstrate any organization.
Information is presented in no
logical order.
0
The writing is unclear,
It is hard to follow and
understand what the content
and purpose of the assignment
Writing is confusing with
incomplete sentences
0
Numerous and
distracting
errors
in
punctuation,
capitalization and spelling
The reader is confused and
stops reading.
0
The assignment provides strong arguments for
your side, shows understanding of the key
points of the case.
□
Includes all material facts
□
Excludes extraneous facts
□
Accurately states rules, including subrules/elements/exceptions
□
Selects appropriate authorities
□
Applies the rule to the facts first
(conclusion)
□
States all the facts that support the
application of the rule to the facts
□
States a clear conclusion that is supported
by the analysis
3
The assignment provides
Good arguments for your
side, shows understanding
of the key point of the cas
The discussion in the
assignment includes the
majority of the material facts.
Some of the analysis is
inconsistent with the legal
authorities
States a somewhat clear
conclusion that is mostly
supported by the analysis
2
The assignment provides poor
arguments for your side,
shows little understanding
of the key point of the case
The discussion lack some
major facts,
The majority of the analysis
is inconsistent with the legal
authorities
And
has
an
unclear
conclusion
The conclusion is somehow
supported by the analysis
1
poor arguments with little info
to back it up
The
argument
contains
irrelevant facts
The legal argument is
incorrect as it did not apply
the facts to the rules and has
no relevant conclusion, and
not supported by evidence
which means that
the
conclusion is unsupported
by the analysis
Or the
Assignment is missing a
conclusion
0
All points asked to addressed exist accurately
The majority of the points
are addressed
3
The majority of the points are
not addressed
2
No points are addressed
0
4
…
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