Communications Question
Generally, you should answer the following questions within your analysis and provide in-depth discussion:
Understanding
Are the parties clearly identified? Who are the parties to this contract.
Analyze who the typical audience is and discuss whether this contract is appropriately written for this audience (e.g. are they both merchants or individuals, does it make a difference if one is a merchant or and the other party is not?).
- Is there any “fine print” that is concerning? If so, why?
Analysis
- Are there any ambiguous terms? If so, which ones and why?
- Does the contract provide a resolution mechanism if there are disputes?
- Do you find any items particularly interesting about the contract?
- How are breaches handled?
Are there any surprises in this contract?
- Are each party’s obligations clear? Why or why not?
- Recommendations
- Do you have recommendations on how to improve the contract?
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