“Agreement is the meeting of minds or a mutual understanding between two or more persons about their reciprocal rights and duties regarding past or future performances” (USLegal, n.d., para. 1). It seems reasonable to state that the subject of an agreement is the core of the latter. Hence, in order to ensure this mutual understanding to the greatest extent, it is to be concise and clear. The subject of the contract for the provision of cleaning services is not the result, which after its achievement is transferred to the customer, but the process (action), which is immediately consumed. Green Clean (GC) is to formulate this subject as detailed as possible so that in the case of any issues, the appeal to a court would be reasonable and evidence based. Moreover, it defines the amount and kind of work that GC will provide. If the subject is expressed appropriately, parties are likely to cooperate with benefits for each other.
The parties do not always pay due attention to the term of a contract for the provision of services. The contractor does not evaluate whether there is enough time for the provision of these services. As a result, this contractor may miss the deadline for the transfer of the result of the work (service) under the contract, and the customer will refuse to fulfill it. Proper approval of the terms of the deadline is necessary for both parties. Based on this period, the parties plan their business activities, internal resources, and the conclusion of agreements with other contractors. The customer needs to receive the performance within a specific period (otherwise, he or she will incur losses or cease to need this performance). Thus, the condition that GC undertakes to fulfill the contract by a strictly defined deadline should be included in it.
Confidentiality might be considered as an essential term for any commercial contract. It emphasizes the fact that contract law is founded on the established ethical principle of parties’ mutual respect (“Chapter 8,” n.d.). For GC clients, it may be essential to protect the confidential information that Green Clean could obtain by being present at their properties. The customers are likely to ensure that no accidental or intentional leaks will take place. Parties are to discuss the provisions of this term thoroughly due to the following reasons. GC is to clarify whether the disclosure of the fact that it has been cooperating with a client is appropriate or not. Green Clean may want to use this fact of cooperation as a case to enhance its reputation to lure new customers. If the client accepts such a clause, then GC’s ethical obligation within the scope of confidentiality will be not to reveal any information regarding what has been seen during the provision of cleaning services. The only point here might be the case of witnessing an illegal action, but this is out of the scope of the analysis.
By agreeing, the parties have the right to decide based on what legislation the legal relations between them will be regulated. Thus, they should determine the governing law in the contract. Lack of necessary wording or its inaccuracy may lead to undesirable consequences for the parties if they appeal to a court. The clause of the GC’s contract fixing which law is applied in case of a dispute or emergence of legal relations not regulated by the contract is essential because of the following. Not all situations arising in the process of implementation of the agreement can be foreseen in its text. If the dispute that occurs between the partners cannot be resolved through negotiations, the court of the relevant jurisdiction will have to settle it (Content Team, 2015). This court will take into account the clause on the governing law contained in the contract.
The insurance clause is important for the clients of GC as they will aspire to protect their properties from risks or, at least, to mitigate the consequences of the damage caused. From this perspective, this provision may be considered as a warranty that Green Clean will compensate for any harm that it might cause (LawTeacher, 2013). It seems rational to mention that this harm may take place due to various reasons, which define the character of further trials. For instance, if Green Clean damages a client’s property, and it is proved that this is a case of negligence, then GC may try to apply to the doctrine of assumption of risk (Legal Information Institute, n.d.). According to Justia (2018), the latter “prohibits a plaintiff from seeking damages on the basis that plaintiff knew of a hazardous condition and willingly exposed him or herself to it” (para. 1). Thus, the mentioned provision should be as specific as possible so that there will be no necessity to file a lawsuit.
References
Chapter 8 – introduction to contract law. (n.d.). Web.
Content Team. (2015). Jurisdiction definition. Web.
Justia. (2018). Assumption of risk. Web.
Legal Information Institute. (n.d.). Negligence. Web.
LawTeacher. (2013). Exploring warranties and product liability. Web.
USLegal. (n.d.). Agreement law and legal definition. Web.