Table of Contents
I) Executive Summary
II) Introduction
III) Description of Clauses
IV) Application of all Legal Principles covered in class
V) Recommendations and What should be Corrected
VI) Scenario: Termination
VII) Lessons Learned and Conclusion
VIII) References
IX) Employee Contract Attached
Executive Summary
This employment contract is an official contract between PROCOM Consultants Group Ltd. (Company) and a independent contractor who in this case is the consultant. Currently PROCOM has a Service Provider Agreement with client Allegis Group Services Canada Corporation (Client). When first examining this contract, the legal issues involved in the Terms of the Agreement cover the promises made by both the Company and the Consultant. These promises are legally binding and are enforceable in the court of law. This contract first outlines in the recitals, which are the preliminary parts of the contract and gives a background of the information that must be read before signing the agreement. The contract has thirty-two different clauses and contains a Schedule “A” and Schedule “B”, that looks at the Client Provisions and an undertaking by service provider personnel. This paper will only examine the thirty-two clauses pertaining to the contract between PROCOM and the consultant.
This contract deals specifically with the liability of certain parties in the case of legal disputes, the termination of the employee contract for various reasons and the protection of company or client information and data. All clauses are described in the ‘Description of Clauses’ section of the paper, and all legal concepts and implications will be examined as a result of a dispute. All legal principles from class will then be applied to the contract, including topics such as knowledge of the law; contractual relationship and the legal risks involved in the creation of a contract and after the contract have...