Explain why the contract is governed by common law


Discussion: Elements of a Contract

Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract. After two years, another hotel wants to hire you. However, in the original employment contract you signed with the Fabulous Hotel, the following paragraph appears:

"The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."

• Describe and analyze the five elements of a contract that must exist for this agreement to be enforceable.
• Explain why this contract is governed by common law or the Uniform Commercial Code (UCC).
• Examine at least two circumstances in which this non-compete agreement would be unenforceable.

The response should include a reference list. Double-space, using Times New Roman 12 pnt font, one-inch margins, and APA style of writing and citations.

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