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School
Kenyatta University *
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Course
321
Subject
Law
Date
Nov 24, 2024
Type
docx
Pages
2
Uploaded by kanekara63
1.
Business Law
: Business law is a broad area of law that encompasses many different
topics, including contracts, intellectual property, employment law, and more. You can
learn more about business law in this
Harvard Business Law Review
or this
American
Bar Association
article.
What is the difference between a contract and an agreement?
The terms “contract” and “agreement” are often used interchangeably, but there are some
differences between the two.
An agreement is a mutual understanding between two or more
parties, whereas a contract is a legally binding agreement between two or more parties
1
2
3
.
An agreement can be either oral or written, and it does not necessarily have to be enforceable
by law.
In contrast, a contract must meet certain legal requirements to be enforceable, such as
the presence of an offer, acceptance, consideration, and the intention to create legal relations
1
2
3
.
In summary, while all contracts are agreements, not all agreements are contracts. You can learn
more about the differences between the two in this
Key Differences article
, this
Difference
Between article
, or this
Pediaa article
.
What are some common types of contracts?
There are many different types of contracts, each with its own unique characteristics and
requirements. Here are some of the most common types of contracts:
1.
Fixed-price contract: This type of contract is used when the payment does not
depend on the resources used or time expended. The seller estimates the total
allowable costs of labor and materials and performs the action specified by the
contract regardless of the actual cost. The fixed price presented in the contract
usually includes some wiggle room in case unexpected costs occur.
These types
of contracts typically include benefits for early termination and penalties for
missing deadlines
1
.
2.
Cost-plus contract: This type of contract is used when the payment is based on
the actual cost of the work plus a fee for the seller’s services. The fee can be a
percentage of the total cost or a fixed amount.
Cost-plus contracts are often used
when the scope of the work is not well-defined or when the buyer wants to ensure
that the seller is not cutting corners to save money
1
.
3.
Time and materials contract: This type of contract is used when the payment is
based on the time and materials expended by the seller. The seller is paid for the
actual hours worked and the cost of the materials used.
Time and materials
contracts are often used when the scope of the work is not well-defined or when
the buyer wants to ensure that the seller is not cutting corners to save money
1
.
4.
Employment contract: This type of contract is used when an employer hires an
employee.
It outlines the terms and conditions of the employment relationship,
including the employee’s duties, compensation, benefits, and termination
provisions
2
.
5.
Lease agreement: This type of contract is used when a landlord rents property to
a tenant.
It outlines the terms and conditions of the rental relationship, including
the rent amount, payment due date, security deposit, and termination provisions
3
.
6.
Sales contract: This type of contract is used when a seller agrees to sell goods or
services to a buyer.
It outlines the terms and conditions of the sale, including the
price, payment terms, delivery date, and warranties
4
.
7.
Partnership agreement: This type of contract is used when two or more parties
agree to form a partnership. It outlines the terms and conditions of the partnership
relationship, including the partners’ contributions, profit sharing, decision-making
authority, and termination provisions .
8.
Non-disclosure agreement: This type of contract is used when two or more parties
agree to keep certain information confidential. It outlines the terms and conditions
of the confidentiality relationship, including the scope of the information covered,
the duration of the agreement, and the consequences of a breach .
9.
Service agreement: This type of contract is used when a service provider agrees
to provide services to a client. It outlines the terms and conditions of the service
relationship, including the scope of the services, the payment terms, and the
termination provisions .
10. Construction contract: This type of contract is used when a contractor agrees to
build or renovate a structure for a client. It outlines the terms and conditions of
the construction relationship, including the scope of the work, the payment terms,
and the completion date .
You can learn more about these types of contracts in this
G2 article
, this
DocuSign
article
, or this
Contracts Counsel article
.
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