Drafting a contract

In this assignment you will be drafting a contract based on the following. You are an associate in a law firm and you have a client, Sally Smith, who has four children (Joey, age 12, Tyler age 8, Sean age 6 and Martha age 5). Sally is a single mother who travels extensively for work. She would like to hire a tutor for her children.

The tutor will receive room and board, a salary of $40,000 a year, and insurance benefits. This is full-time employment and the tutor is expected to work 8 hours a day. The tutor will also have a three month probationary period, after which will begin a one year term of employment. Sally would like an option to renew the contract with the tutor for an additional year. After the renewal year, the parties will be free to renegotiate the contract. The household staff at the Smith family includes a housekeeper, and nanny, a cook, and a gardener. Once an offer has been acccepted, Sally would like you to draft a contract for this arrangement. Sally will conduct interviews and make the selection.

In this assignment, you are to assume that this position has already been advertised, and that Sally has interviewed and selected the tutor for this position. The person that she has selected is James Jones. You are to assume that Sally sent Mr. Jones an offer and he has responded with the following letter.

Dear Ms. Smith,

Thank you for your offer of employment. I find the position in terms of the employment very enticing. However, I would like to request the following be included in the contract.

  1. In the event of a dispute, I would like us to attempt to resolve the dispute by negotiation. If that fails, I would like us to try mediation and only after negotiation and mediation fails, would we resort to arbitration. Dispute would not be resolved by litigation.
  2. Although this contract is for a stated term, I would like the opportunity to terminate the contract upon four weeks notice. For the sake of fairness, I would be fine with you having the same right to terminate me with four weeks notice.
  3. I would like the option portion of the contract to include an automatic increase in compensation of 10%
  4. Finally, I would like to have a two week paid vacation provided in each year of my employment.

Please let me know your thoughts on these requests.

Thank you, James

Assume that Sally is fine with all of James’ requests.

Draft a short response to Mr. Jones from Sally and include on a separate page , a short contract for both parties to sign. This contract should be no longer than two pages.

Please submit this assignment as a word document. The total assignment should be no more than 3 pages as you are to draft a short letter responding to James and a contract incorporating all the terms which should not exceed 2 pages in length. The contract should be double spaced.

Sample Solution