CASE STUDY 3
Acontract is an enforceable agreement entered voluntarily between twoor more parties that govern their relationship. The recruitadmissions representatives’ agreement is a bilateral contract asthe two parties were actively involved in the contract. The contractwas signed in parts where Hawley was supposed to devote exclusivetime and effort to the business in Missouri which was his assignedterritory. Similarly, the D.L was supposed to pay Hawley a commissionif he successfully executed his duties in recruiting students for theschool.
Contracts can either be unilateral or bilateral in nature. Abilateral contract refers to an agreement where two parties involvedin a contract offer mutual promises implying that they are legallyobligated to execute an act for future consideration for performanceor work done. On the other hand, a unilateral contract involves oneparty, where the party to whom the promise is made, do not make anyexpress agreement on his part, even where the law stipulates specificobligations in relation to his acceptance. The consequences for thebilateral agreements are that the promised party is legally bound tobe compensated by the promising party if proven before the court oflaw that the performance was executed according to the agreementreached by the two parties (Cross & Miller, 2007).
Similarly,the bilateral contract is legally enforceable if it is proven beforethe court of law that a contract existed amid the two parties. Also,if there was a breach of the contract on either side of the party theaggrieved party stands to benefit from the contract (Cross &Miller, 2007). However, in this case Hawley do not stand to becompensated for his performance because it was agreed that he wouldonly receive commission if he successfully recruited the students forthe school. The recruitment was not successful as he was accidentlyshot while attempting to make the first call in his new job althoughthe contract was made in Florida.
Cross,F. B., & Miller, R. L. R. (2007). West`slegal environment of business: Text and cases : ethical, regulatory,international, and e-commerce issues.Mason, Ohio: Thomson/West.