Non-disclosure Agreement Analysis

INSTRUCTIONS

Analyze a non-disclosure agreement (NDA) when dealing with outside parties including all the elements associated with its usage subject to Ontario laws. explain the application of all the legal concepts  to the term paper and propose recommendations regarding the legal issues.

Minimum, 35 TO 40 PAGES, DOUBLE SPACED

Times Roman, 12 points, Report format

Use footnotes and appropriate references. (reference only the textbook)

1. Executive summary with key recommendations (one-two pages);
2. Introduction (five pages) – explanation of the paper, objectives, ethical issues and methodology – how did you completed the paper steps by steps – including the business relationship with the stakeholders;
3. Description and explanation in your words of all the clauses of the document (fifteen pages to twenty pages);
4. Application of any legal principles (20) covered in class (seven to ten pages) and where these principles are to be found in the agreement;
5. Recommendations (5) and lessons learned (three pages);
6. Application of the agreement with your problem scenario of your choice, legal corrective measures with provisions dealing with all the elements of the document (five to seven pages);
7. Document attached.

i have attached two examples of different papers that were done that have different topics just as a guideline. 

extra notes to help for the paper:

Introduction

• What is the objective of the term paper?
  • You need to narrow the requirements or the questions to be asked.
    • Will the existence of bidding systems create issues in the housing markets?
• What are the ethical or moral issues to tackle?
  • Things that are good or need to be corrected.
    • Is this bidding war ethical? Especially in lower priced areas since people tend to bid above. The numbers must make sense and match.
      • Are they legal even?
    • Are virtual visits deceiving?
      • Buyer beware. 
    • Should we be using the general template in the paper?
      • We need to understand the worry
  • One key issue to remember; more than the majority of dwellings in the past year and a half in Ottawa were without any form of inspection. You buy as is. You have to weigh the legal obligations.
    • Is the foundation cracked? Is there mildew, mold? Do you actually know what’s in the house? Is there french drains?
  • Houses are staged? Do they increase bidding wars? Renovation increases the prices.
• Methodology (avoid one big paragraph, go one statement at a time)
  • Step by step on how you completed the assignment
  • Needs to be bulletproof otherwise you lose credibility
    • See OCtranspo crash
      • Possible versus possibility
  • Did you take the photos right? Did you provide the chain of custody?…
  • One concept per line
• Parties involved
  • Buyer, seller, bank, real estate agent, inspection…
  • You need to have that information before you make your offer. With the short turnaround time it’s hard to get done.
    • Pre-approvals are important

Clauses

• We do not go outside the content of this class and the material we covered
• You will read each of these lines and explain the legal consequences. What does the provision tell you?
• They tell you something you put it in writing
• If it’s good in words it’s good on paper

Legal Concepts

• Any legal concepts brought up in class. We will discuss 300 in the class. We only need to choose 20 concepts. 

Scenario

• Create our own story. There’s no good story, things go wrong right left and centre
  • There’s supposed to be appliances and there’s none when you walk in
  • A smoker lived there so you need to renovate
• Look at the contract and find out how to fix it.
  • In real life they show you A, but it’s really D,E,F
  • Do you accept the consequences or do you litigate?
    • Choose your battles
    • Easy to say litigate. It’s a mental issue. Brings out the story. Capacity and Desire.

Recommendations

• What do you tell them? What will they do? What did you indicate? What should they be putting in the agreement? What protection clauses should be included? What if the offer isn’t accepted? Do you have an exit strategy?
• Any important reminders (mortgages last longer than marriages lol)
• What will you include in the actual purchase agreement?
• What and how would you put in the agreement?
• Planning for contingencies: What is your tolerance for risk? How do you want to resolve the issue (arbitration)?
• Be upfront early on to gauge where the other party is on the issue.