Commercial Transactions: Legal Frameworks and Recommendations

This assignment delves into the legal framework governing commercial transactions, particularly focusing on a scenario involving a mowing service contract. The analysis begins by identifying the nature of the agreement, advocating for a non-personal, B2B relationship to mitigate employer-employee liabilities. It then addresses the need for a robust service contract, emphasizing the importance of a Performance Work Statement (PWS) and a Quality Assurance Surveillance Plan (QASP) to ensure service quality and establish measurable performance standards. The recommendations highlight the significance of these documents in maintaining ongoing service quality and providing a framework for surveillance and accountability. The assignment concludes by reiterating the importance of service contracts and the application of QASP to manage and ensure the quality of services provided.

Running Head: COMMERCIAL TRANSACTION IN TECHNOLOGICAL ENVIRONMENT LEGAL FRAMEWORK
Name
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Running Head: COMMERCIAL TRANSACTION IN TECHNOLOGICAL ENVIRONMENT LEGAL FRAMEWORK
Contents
Introduction.................................................................................................................................................3
Facts........................................................................................................................................................3
Issue........................................................................................................................................................3
Analysis for Question 1............................................................................................................................4
Recommendations for Question 1...........................................................................................................4
Analysis for Question 2............................................................................................................................4
Recommendations for Question 2...........................................................................................................4
Conclusion...................................................................................................................................................5
Bibliography................................................................................................................................................5
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Running Head: COMMERCIAL TRANSACTION IN TECHNOLOGICAL ENVIRONMENT LEGAL FRAMEWORK
Introduction
The rendering of services is an ongoing job; the deliverance of services is a continuous process
when a person or a company goes for any such contract with another company or person than
in this case regular laws related to the sales and purchase of goods needs an additional
framework. In the current assignment, we will mention about these legal frameworks. Most of
these legal frameworks are universal in nature and introduction of specific agreements
attached to them can serve the purpose of service delivery and quality maintenance (Klass,
2010).
Facts
The PWS of signed by a company states that they are hired for the “mowing services.”
The company delivered the goods by mowing the grass for once. According to the
representative of the company, they have delivered the services as described in the PWS (Jack,
2014).
Issue
There are two major issues; the first issue is related to the regular quality control of the
goods and services. For this, we have to look forward into the personal or non-personal nature
of the contract. After ascertaining the nature of the contract, we are required to fill in the gap
with the help of adequate standard legal documents where we can fix the responsibility of the
deliverance of the services in accordance with the fixed terms and conditions. Both the parts
are very important. The first part will decide a onetime deliverance of the services, while the
other part will decide its regular delivery and set the rules for it.
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Running Head: COMMERCIAL TRANSACTION IN TECHNOLOGICAL ENVIRONMENT LEGAL FRAMEWORK
Analysis for Question 1
Question one is related to the nature of the agreement, it should be a non-personal
analysis, where two organizations should decline any employee and employer relationship and
stick to the condition where two companies are interacting on a B to B basis. In the current
case, it will set free the government from any employee-related liabilities. The presence of a
PBA along with some other technicalities can resolve this issue.
Recommendations for Question 1
It should start with a servicing contract where can ascertain a non-personal contract with the
company which is providing the services. The non-personal nature of the service contract also
saves the first party from undue liabilities of maintaining an employee and employer
relationship.
Analysis for Question 2
Question 2 or the part 2 of the problem is associated with the regular sustenance of the
services under a service contract. The quality of a good can be checked when it is delivered,
however, in order to maintain a servicing regime, one has to go for certain other terms like PBA
and PWS.
Recommendations for Question 2
Since it is an ongoing service the authorities should go for a PWS where the measurable of the
quality should settle down in the beginning. Instead of going for the frequency of the services,
we should go for quality based measurable. It will also ensure a surveillance of the task and its
condition to the second party. In the other words, we can also say that the natural flow of the
provisions of the service contract with lead to Quality Assurance Surveillance Plan.
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Running Head: COMMERCIAL TRANSACTION IN TECHNOLOGICAL ENVIRONMENT LEGAL FRAMEWORK
Conclusion
In order to resolve the issue on our hands we are required to identify a service contract first,
after ascertaining the nature of this contract we need to Jot down the conditions and if’s and
But of a QASP. This model can ensure fluid deliveries of the goods that are tangible in nature
but the exact measurable for the performance are difficult to maintain.
Bibliography
Jack, N. (2014). Extended Warranties, Maintenance Service and Lease Contracts.
Klass, G. (2010). Contract Law in the USA.
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