Contract of Service Research Paper
scenario: Being greatly impressed by his success in the cleaning industry, Peter, the Bond student (see Assignment 1), wants to change his business model. He has noticed that a lot of people on the Gold Coast have pets; pets that need to be kept clean, which in Peters entrepreneurial mind, translates into dollars! Consequently, Peters new business (he has stopped cleaning apartments) is focused on cleaning pets. As Peter does not know too much about animals, he wants to focus his business on the most common pets being cats and dogs. He still has to attend classes Monday through Thursday, so he wants to provide the pet cleaning services on Friday and the weekend. He wants to be paid $60 per hour he works, but he does not want to make less than $60 for any one pet he cleans. Peter wants to provide a discount where the same owner, on any one occasion, hires Peter to clean more than three animals (being cats or dogs). In such a situation, Peter wishes to charge a flat rate of $50 per animal. Further, where the same owner, on any one occasion, hires Peter to clean more than five animals (being cats or dogs), Peter wishes to charge a flat rate of $45 per animal. Knowing very little about animals, it is crucial for Peter to limit his legal liability, should anything go wrong. Peter does not want to be legally responsible for any damage he may cause to the animals. However, should it turn out that the chemicals Peter uses result in discolouration of the animals fur, Peter is willing to compensate the owner of that animal in the amount of $100. Peter is also concerned about animals in his care running away. He does not want to be liable should that happen, but is willing to contribute up to $100 towards a finders reward should that happen. In addition, Peter is afraid that the animals he cleans may cause him injuries. Should that happen, he wants the owner to be liable. In fact, Peter intends to refuse to clean a dog if the owner has not provided a proper muzzle for the dog even if a contract has already been signed. Being aware that there are lots of local and overseas tourists on the Gold Coast, Peter wishes to make sure that he cannot be sued overseas should anything go wrong. Finally, Peter intends to provide a free pick-up and delivery service of the animals he contracts to clean. However, he will not carry out the pick-ups and deliveries himself. Instead, he will use Harrys Animal Taxis Pty Ltd to do the pick-up and delivery service. Harry has told Peter that he has no insurance and will only do the pick-ups and deliveries if Peter remains responsible. Peters aunt (an accountant) has once again been advising him on how to set up the business. To ensure that he will get paid and to address the liability issues as outlined above, Peter wants to sign a contract with the client before each pet cleaning job. In fact, Peter wants to use the same contract for all job orders. That is, each time someone wants to have his or her pets cleaned, Peter can simply insert the clients name into the contract and then sign the contract with the client. Knowing that you are an expert in contract law, Peter seeks your help. Prepare a draft contract that Peter may be able to use in his business.
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