As discussed during our exercise in class, your assignment will be to draft a contract. I have posted a sample “Tim Horton’s “contract that you may use as a template. Here are the rules for the assignment.
1. The topic of the contract has to be an everyday transaction for which you would not normally write a contract.
2. As for good subjects, HIRING A PERSONAL TRAINER
3. I am looking for something between 2 to 3 pages long. No longer. Typed.
4. You are free to copy from the contract template I have provided in terms of the format of the contract. In other words, you can put the parties names at the top like I did, you can use the “recitals” (which are the A., B., and C at the beginning of the coffee contract I gave you). You can use the headings and the final paragraph at the end of the contract where people would sign.
5. I am not looking for fancy legal language and I am more interested in the quality of your analysis in terms of the rights and obligations being exchanged between the parties.
6. Not every term in the coffee contract will be relevant to your contract. You will have to write what you think is relevant to what your contract.
7. IT SHOULD BE IN SIMPLE ENGLISH WORDS.
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- This contract dated June 5, 2020
- Joe Coffeelover (the “Buyer”)
- Tim Hortons Corporation of Canada (the “Seller”)
- (collectively referred to as the “Parties”)
- The buyer wishes to buy a cup of coffee on the specifications outlined in this agreement (the “Coffee”)
- The Seller wishes to sell a cup of Coffee
- The Parties wish to outline their respective rights and obligations.
In consideration of the mutual promises contained in this agreement the Parties agree as follows:
- Sellers Obligations
- a) The seller agrees to provide one (1) cup of coffee on the following specifications:
- i) container size: 325 milliliters (“ml”) plus or minus 20 ml.
- ii) composition: wax lined cardboard cylindrical container reasonably fit for the purpose of containing a hot beverage.
iii) contents: not less than 300 ml. of “Fresh Brewed” (meaning coffee brewed with hot water consisting entirely of roasted Arabica coffee beans that have been brewed not more than 20 minutes of the placing of the order by the Buyer in accordance with theterms of this agreementand having a temperature of not less than ninety (90)degrees Celsius and not more than ninety-eight (98) degreesCelsius). The Seller represents and warrants that the contents are safe for consumption and not contaminated in any way.
- iv) customization: The Buyer shall, at the buyers sole option be provided with the following ingredients in such amounts as may be reasonably specified by the Buyer at the time of order, which ingredients shall be provided at no additional cost to the
- Dairy based table cream
- Non-dairy based whitener
- Sugar substitute
- Plastic lid with a partially detachable cover
- Plastic stir stick with a length not less than the depth of the coffee container
- Additional cardboard sleeve for cup
- v) Delivery: The Coffee shall be delivered to the counter of the Seller’s place of business. All further transport of the Coffee shall be thesole responsibility and expense of the Buyer.
- vi) Quality: Upon delivery, the Seller warrants and agrees that in normal handling circumstances the coffee will remain Fresh Brewed for a period of not less than five (5) minutes from the time of delivery. The Seller agrees that it will bear responsibility for ensuring that the Coffee is of reasonable quality and safe to drink by the Buyer.
- v) Deadline: In theevent that the Fresh Brewed coffee is not delivered within five (5) minutes of the placing of the order,the Buyer may rescind this agreement and no further remedy shall be available to the Buyer or the Seller.
- Buyers Obligations
- a) Payment: The Buyer agrees to pay the Seller for the Coffee as follows:
- i) Price: one dollar and eighty five cents($1.85) of the lawful money of
- ii) Form: Cash in denominations of not more than twenty ($20.00) dollars
- Debit card from a Canadian bank, credit union or trust company;or
- a recognized credit card bearing either a “Visa” or “Mastercard” brand issued by a Canadian bank, credit union or trust company.
- c) Buyer Conduct: The Buyer agrees that he/she will ensure the following:
- i) Service Time: The Buyer agrees to wait respectfully in line when required and recognizes that Coffee will be provided on a first come first serve basis.
- ii) Order Time: Upon being recognized by representatives of the Seller the Buyer will place his/her order for the Coffee in areasonably prompt manner.
iii) Departure: Upon delivery of the Coffee the Buyer will vacate the counter area of the Seller in a prompt and businesslike fashion to make way for other customers of the Seller.
- iv) Nuisance: The Buyer will not do or state anything that might reasonably be considered to be a nuisance to the business of the Seller and if therepresentative of the Seller, acting reasonably but in the interests of the Seller, determines that the Buyer is conducting him or herself in such a fashion as to cause a nuisance to the Seller or its other customers, then such representative shall have the right to inform the Buyer that he/she has become a trespasser on the premises of the Seller and the Buyer shall be required, immediately, to leave the premises of the Seller.
In witness to the terms and conditions contained within this agreement, the Buyer and the Seller have signed this agreement in the space indicatedbelow on the 5thday of June, 2020.
The Tim Horton’s Corporation by its