Report on Case Study of Negligence Legislation
Added on 2019-12-03
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Essential elements required for the formation of contract and their importance...................31.2 Different types of contract and their impact .........................................................................42.1 Applying various elements of contract .................................................................................4TASK 2............................................................................................................................................51.3 & 2.2 Analysing of contractual terms with reference to their meaning and effects..............52.3 Evaluating the impact of expressed and implied terms.........................................................6TASK 3............................................................................................................................................64.1 Advise Brad if he can recover his losses from Charles applying the elements of tort ofnegligence and state possible defenses from different cases.......................................................73.1 Contrast how nature of liability in contract differs from the nature of liability in tort..........73.2 Explain nature of liability in negligence with reference to “Donoghue v Stevenson 1932”.8TASK 4............................................................................................................................................84.2 Discuss if Bill is liable of negligence and if XYZ Dairies can be held vicariously liable ....83.3 Explain when businesses are and are not vicariously liable for the wrongs of employees...9CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................112
INTRODUCTIONAspect of contract and negligence of business is the imperative field which a businessalways consider for conducting all business activities. It provides standard for business as well asall parties entering into contract. Present report is based on different case studies which ensureinclusion of negligence legislation which facilitate to ensure ethical conduct of business. Further,negligence of business has also been explained in the light of principles. In addition to this,vicarious liability is explained in order to secure the right of third party. Furthermore, essentialelements have been explained which leads to form a valid contract among two or more parties.TASK 11.1 Essential elements required for the formation of contract and their importanceThe major elements of contract are explained as follows with facilitate to form validcontract and protect the right of two different parties. These are as follows-Offer and acceptance-It is the most imperative aspect for a contract because on partymust offer something to other in order to enter into valid contract. On the other hand,other party must accept the offer in same manner (Taylor, 2011). After completion of theprocess of offer and acceptance, the agreement exist among parties (Bennett andGibbeson, 2010).Consideration-There must be consideration in contract which is valuable for both parties.It is given by both parties which serve as the basis for the formation of legal aspect.Intention to create legal contract -Under this parties entering into contract must haveintention to do the same. Both parties such as offerer and offeree must know about theoffer as well as acceptance of the same (Gillies, 2004).Invitation to treatAccording to the give case scenario, Bill offered printing press for £100,000 and Cathyanother party shown intention to purchase the same in £80,000. here, bill again replied that dealcan be completed in £90,000 when he heard nothing from Cathy. At this juncture, inviting partyhas right to accept the counter offer or to reject the same. However, the advertisement placed byBill was just an invitation of sales of printing press (Goldman, 2013).3
1.2 Different types of contract and their impact The main types of contracts are explained as follows along with their potential impact onparties associated with contract-Face to face contract- This kind of contracts are more reliable in the nature as it consistsof present of evidence. Under this, both parties remain present at the same place anddiscuss the terms and condition of contract. They mutually discuss the standard of thecontract and accordingly work for fulfillment (Manuel, 2011).Written contract-This is another form of contract wherein written deed is made. Theexample of such kind of contract is sales of non-movable property where parties relay onthe standard terms and condition. They are entitled to pay for the damages in case of lossto innocent parties (Marsh and Soulsby, 2002).Distance selling-Such kind of contract take place where distance matter a lot and partiesare not present at the same place. These are completed by using several means likeemails, telephones etc. However, such kind of contract remain valid for certain time span.For example a person live in Chicago wants to sell his car in London through placingadvertisement. Here, parties interested in the product will be communicate by telephonesor email (Olander and Norrman, 2012).2.1 Applying various elements of contract The several essential elements applied in contract are explained in accordance with givencase scenario-Bill and CathyAs per the given case Bill advertised for the printing press for £100,000 which was just ainvitation to offer. Here, by seeing the advertisement Cathy reply to purchase the same productfor £80,000. Here, Bill replied that he would accept£90,000 but when he did not get anyresponse then Bill agree to complete the deal in £80,000. According to English Law, an offer is said to be lapsed when counter offer is made byofferee. In the given case counter offer was made by Cathy and which was cancelled by Bill byoffering the another amount of printing press. At this juncture, no any contractual relationshipexist among both of them as they both do not accept the offer.Bill and Liza4
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