Roles, Responsibilities, and Communication in Healthcare Partnership Working

In today's commercial environment, understanding elements of a contract is crucial. Twomey (2010) emphasizes that business law principles are essential for commercial success. Similarly, Zoll (2012) highlights the binding power of contracts, particularly in the Common European Sales Law context. According to Oxford University Press, a contract requires certain essential elements, including offer, acceptance, and consideration. Furthermore, improper understanding of roles and responsibilities can lead to negative factors like poor coordination among treatment procedures. Effective communication is also vital for company success, as it directly impacts team members' ability to interact internally and externally. Therefore, understanding contractual principles, such as those provided by Twomey (2010) and Zoll (2012), is essential for businesses in the twenty-first century.

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TABLE OF CONTENTS
INTRODUCTION................................................................................................................................3
TASK 1.................................................................................................................................................3
1.1 Importance of essential elements of the contract.......................................................................3
1.2 Main types of contract along with their impact.........................................................................4
2.1 Applicability of essential elements of contract in given case scenario......................................4
D2 - Promissory Estoppel................................................................................................................5
TASK 2.................................................................................................................................................5
1.3/2.2 Analysis of contractual terms along with its applicability in given case situations.............5
2.3 Evaluation of impact of expressed and implied terms using the above case.............................6
M1....................................................................................................................................................7
D1.....................................................................................................................................................7
TASK 3.................................................................................................................................................7
4.1 Advise to Brad for applicability of negligence law along with available defenses...................7
3.1 Contrast of nature of liability in contract with tort....................................................................8
3.2 Importance of case of Donoghue V Stevenson in development of concept of duty of care......8
M2....................................................................................................................................................9
TASK 4.................................................................................................................................................9
4.2 Applicability of principles of negligence...................................................................................9
3.3 Vicarious liability of business....................................................................................................9
D3...................................................................................................................................................10
CONCLUSION..................................................................................................................................10
REFERENCES...................................................................................................................................11
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INTRODUCTION
Contract and negligence law is considered as a essential section of any civil legislation. It
is a law which is introduced to have effective promotion of fairness among actions which are
performed between two parties. It is beneficial to deal with diverse actions in presence and
absence of contractual relationship (Adams, 2010). In this respect, it can be said that the number
of standardized guidelines has been defined in English law and these must be followed by all
individuals in order to promote fair environmental conditions.
In current report, the learning will focus on detailed examination of diverse guidelines in
order to provide appropriate recommendations in given case scenarios. By considering the
described provisions, justified recommendation will be provided to the given case scenario.
Moreover, provision of secondary obligation will also be considered into account to define third
party negligence.
TASK 1
1.1 Importance of essential elements of the contract
In respect to contract, it can be said that that it is an legal agreement in which two or more
parties agreed to accomplish promises that they have made during the contract. In the support of
this, the well structured contract can be considered if following elements has taken into account.
Offer- In this proposal has been provided by one party to another person in order to
request of entering in legal relationship (Edwards, 2008). It is necessary for first party provide
offer consideration of specific and legal aspects.
Moreover, invitation will not be taken into account as offer because it is just an invite
provided presented by party to reflect the interest in arrangement of legal relationship. In the
support of this, it can be said that the invitation is mostly considered as a offer which can be
freely accepted or rejected by the primary party (Jennings, 2010). As per the consideration of
Bill case, it can be said that the bill has presented a invitation to the general public for sell of
printing press.
Acceptance- It is a situation in which positive reaction provided by the offeree in respect
to the offer presented by the offeror. The acceptance action must not have any support of
modification factor otherwise it will have some legal obligations and impact the contract
(Tomprou, 2011). Entitlement to provide acceptance is to only offeree.
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Consideration- It is necessary to design agreement as per the consideration of some
beneficial value as well as legal aspects. It is not necessary to have formation as per arm length
price but it must have consideration of mutual consent.
Intention- In order to meet the designed promise the contracting parties must have
effective focus on creation of legal agreement (Contract. 2006).
1.2 Main types of contract along with their impact
Business organization or parties can have contractual relations while focusing on diverse
contracts. Different types of contact also have great influence which can be classified as follows-
Written and oral contract
With an improved focus on verbal communication between parties the oral contracts can
be created in effective manner. In this, the trust and faith plays key role to meet the designed
promises. This kind of agreement is considered as a informal contract as it have absence of
evidence in respect to contractual elements (Adamson, 2011). During the dispute interpretation
situation the contract must be formed as per situation which may assist in better way. Moreover,
written contracts are considered as a contract deed which is also taken into account as formal
agreement among parties (Elliot, 2009). Terms and conditions of agreements must be well
defined in order to meet the promises.
Distance and face to face contract
It is a contract which is mostly formed in conditions where parties are not having face to
to face interaction. In other aspect, it can be said that distance contract is beneficial while
creation of agreement in situation where parties are not at same location for purposing of terms
and conditions (Moriarty, 2013). It is necessary for both parties to consider postal rule in order to
have valid determination of contract. According to postal rule the contractual relationship can
only exist if acceptance communication has presented by offeree. In this kind of agreement
mostly instant acceptance is taken into account so that agreement can be designed in better way
(Partington, 2013).
2.1 Applicability of essential elements of contract in given case scenario
Bill and Cathy
As per the case study provided it can be said that there is no agreement has been taken
into account among both parties because the presentation of counter offer the previous offer
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among Bill and Cathy is cancelled. In this respect, it can be said that the counter offer has been
provided by the Bill so the offer presented by the Cathy is cancelled (Plimpton, 2007). It means
in this situation bill is not entitled to present the same offer.
Bill and Liza
As per the structured study of case between Bill and Liza it can be stated that the
agreement among both parties can be considered as a valid contract if letter of acceptance
presented by Liza is acquired by Bill in desired time period.
D2 - Promissory Estoppel
It considered as a doctrine in which the person is ventilated to go back on promise due to
some critical circumstances. It mostly taken into account when contract does not have effective
consideration of all legal aspects during the formation of contract in respect of their promise
(Twomey, 2010). It has been spotted that firstly doctrine was introduced during the legal
agreement between Central London Property Trust Ltd v High Trees Ltd in year 1947. This case
study is also considered as a KB 130. Moreover, in this situation the defendant was ventilated to
go back on promise in order ensure that the fact that promise has not made as per the effective
consideration of all legal aspects (Camén, 2012).
TASK 2
1.3/2.2 Analysis of contractual terms along with its applicability in given case situations
In the support of this, it can be stated that the terms of the agreement are considered as a
significant clauses which are introduced to define responsibilities of both parties in order to
enhance their efforts so that promise made can be accomplished in an appropriate manner. It has
been identified that the terms inserted in the agreement can be in expressed or implied by the
nature (Donohoe, 2011). Moreover, the terms can be understand effectively by focusing on few
aspects such as :
Expressed terms
It is considered as a contractual terms which are mostly taken into account with an
mutual acceptance of all contracting parties in order to have effective accomplishment of
promises. In the support of this, it can be said that the expressed terms can be classified in three
segments such as conditions, warranties and in-nominate. In this respect the conditions are
considered as a primary terms which is most essential section of the agreement (Middlemiss,
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2012). Other than this, the warranties are considered as ancillary terms which are included in the
contract to define the responsibilities of all contracting parties. If any condition occurs regarding
non-satisfaction between contract then innocent party is titled to break the agreement. In this the
innocent party can only claim some liability in respect of damage and breach of warranties
(Nystén-Haarala, 2010). If in any condition the terms cannot be divided as per the terms and
warranty aspects then it will be taken into account as a in-nominate in which claim will be
provided due to damages and breach of contract.
Implied terms
It is considered as terms which are included in the agreement as per consideration of
legislation and custom aspects in order to provide better support to weaker party. It is also
beneficial for effective promotion of fairness while working in the commercial agreement.
Effectively definition of these terms are considered as a critical section of the agreement
(Schaffer, 2009). If any party is not satisfied with the other party efforts and actions then it is
non-satisfied party can have reasonable claim against damages.
Case study
As per the case study provided it can be said that in the claim of Joyce DiDonato was not
so efficient as situation was considered as a breach of contract. In this case, the Royal Albert
Hall Company is eligible for break of written agreement between both parties (Slapper, 2011).
However, in this condition the Joyce DiDonato has only break the warranties of the contract and
Royal Albert Hall Company is not in situation to refuse the agreement.
2.3 Evaluation of impact of expressed and implied terms using the above case
In the support of this, it can be said that the expressed and implied terms are essential for
the contract. As per case the condition can be considered as contractual scenario so the implied
terms will have more existence the contract (Miller, 2007). It is because, both parties are looking
forward to have reformation of contractual terms as per the consideration of legislation aspects.
Moreover, if negation of terms in exist then expressed terms will not be taken into account as
section of the agreement.
Case study
As per the structured study of case study it can be said that the claim is made by farmer in
respect of the bill. In the support of this, it can be stated that the claim of farmer is valid in
respect of work as well as cost spend on the field and seed (Balatbat, 2010). It is because, the
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completion time period of the contract was not pre decided and he was having efforts on the filed
as per norms of the contract. It is one of key reason that the farmer was allowed to make claim in
respect of the work and efforts on the land.
M1
As per the consideration of the case study, it can be said that the exclusion clause in the
contract was included by the City Cars Rentals. It is also considered as a valid section as because
they were focused on the limitations on the document to meet liability standards and attract more
and more customers towards services or products (Treitel, 2002). However, with an effective
focus on the assumption of negligence absence the terms and conditions were taken into account
in appropriate manner.
D1
In this, statement can not be considered as justified content as exclusion clause is only
taken into account if clauses are inserted in contract in appropriate manner. It is not necessary for
parties to define it at time of contract formation but it can also be taken into account when it is
going to apply (Zoll, 2012). As per the study of case scenario, Thompson v LMS Railway [1930]
1 KB 41 exclusion clause can be considered as valid statement if proper reason has been
provided for consideration of exclusion clause after the designing of written agreement. Spurling
v Bradshaw [1956] 1 WLR 461 indicates that the exclusion clause can also be organized as per
the consideration of diverse former dealings.
TASK 3
4.1 Advise to Brad for applicability of negligence law along with available defenses
As per the structured case study, it can be said that Brad is eligible to have claim against
the damages taken in respect of accountant. It is because Brad has agreed on the agreement due
to negligent misstatement. The agreement was with Albert and faced economic losses and Albert
key duty was to render relevant collection regarding client (Treitel, 2002). But it has been spotted
that Albert was not able to meet the expectations so he have liability in respect of the damages.
Moreover, in negligence situations the person is allowed to take defensive actions so that damage
can be overcome in respect to relinquish obligations.
Volenti non fit injuria- In this support, it can be stated that the person who has presented
the claim can act as a voluntarily in situations where he may face some issues or risk of injury.
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Ex turpi causa- It is a legislation in which defendant can provide effective justification
with an assistance of law (Balatbat, 2010).
Contributory negligence- In the support of this, it can be stated that the person who has
claim against the damage is accountable for any action which relates to the negligence.
3.1 Contrast of nature of liability in contract with tort
It has been spotted that the liability in contract and tort both are considered as a critical
section of civil legislation. In this, the motive of both obligations is to render a compensation in
respect of damage (Miller, 2007). The injured party is eligible to claim damage as per default act.
It has also been identified that there are specific diversifications among liabilities:
Key points of difference Contractual liability Tort liability
Occurrence reason It occurs mostly when all
contracting parties are not capable to
meet the satisfied needs in respect of
promise which is made among them
in well structured manner (Slapper,
2011).
It occurs in conditions where
contracting parties are not
capable to accomplish
standard duties in respect of
promise.
Relation In this the contractual relationship
always with the mutual
understanding among partners.
In this relationship in
considered as a tort which
starts as per contract
legislation (Schaffer, 2009).
Finding of Damages In this mostly claims against
damages is mostly provided as per
consideration of contractual
agreement.
In this, claim damage can be
differ as per the level of injury
and circumstances.
3.2 Importance of case of Donoghue V Stevenson in development of concept of duty of care
In this respect, responsibility of care can be considered as a standard accountability. It is
necessary for individual to consider it as significant aspect in order to protect from risk or injury.
As per the govern case study it can be said that it is one of ideal example which provides
enhanced level of information regarding duty of care. In the support of case study the
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manufacturer must have improved focus on operational activities so that customers can be
prevented from injury (Middlemiss, 2012). Moreover, the neighbour principle was formulated as
per the consideration of case study of Lord Atkin. In the support of this case the individual must
have support from the neighbours so that contract can be accomplished in appropriate manner.
M2
With an improved focus on strict liabilities and obligation the number of fault can be
overcome. In respect to the liability, the person who claims needs to prove that tort has taken
place and defendant have full accountability for the act. As per the case of Rylands v Fletcher
[1868] UKHL 1, the defendant person was administrator of the organization and he was involved
in the unethical practice so it is the one of reason behind the extensive damage (Donohoe, 2011).
Moreover, legislation authority has strictly decided that claim will be provided by owner in
respect of the damage.
TASK 4
4.2 Applicability of principles of negligence
As per the provided case study it can be said that the Bill's one of key responsibility is to
drive in proper way so that risk and other injury can be avoid. But it has been spotted that due to
his negligence the boy has faced injury issue. It means it is considered as a breach of duty which
has impacted other party in negative manner (Camén, 2012). As per the discussion and outcome
it is Bills liability to render the compensation in respect of damages and negligence.
XYZ also have accountability to make sure that correct candidates are selected for
effective accomplishment of work practices. It is also necessary to ensure that they have
information about the engagement of minor for employment act. If management has not taken
any action in this respect then they can face some damages issues.
3.3 Vicarious liability of business
As per the approach of vicarious liabilities, it is necessary for individual to meet
responsibilities and provide better control on all the actions. As per the consideration of this
provision the organization is accountable towards any negligent activity which is performed by
workforce.
1. Default party have information about employee during the negligence activity.
2. It is considered as a act of employee
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It means the business firm does not have any liability towards situation as employee is
involved in the negligence act after the working hours (Twomey, 2010). As per the given case
study the negligence action was performed by friend of employee not by worker so the owner of
Vintage Vehicles Museum will not have any accountability in respect of damage.
D3
In the support of Occupier’s liability Act, the occupier have accountability to take care of
visitors so that they can be protected from any damages. In this improved focus on appropriate
actions like consideration of exclusion clause can improve conditions and protect their
obligation.
CONCLUSION
As per the above study it can be concluded that it is necessary for contract parties to focus
on their actions so that risk and injury factor can be reduced during the efforts within contract. It
is also essential for them to meet obligations in most suitable manner so that contractual liability
can be discharged. If they are not able to meet the needs or promise then they will have liability
against the damages and they have to provide compensation to the innocent party.
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REFERENCES
Books and Journals
Adams, A., 2010. Law For Business Students. 6th ed. Pearson Education Ltd.
Adamson, J., 2011. Law for Business and Personal Use. 19th ed. Cengage Learning.
Balatbat, M., 2010. A contractor's analysis of the likelihood of payment of claims. Journal of
Financial Management of Property and Construction. 15(2). pp.102 – 117.
Camén, C., 2012. Contracts as cornerstones in relationship building. International Journal of
Quality and Service Sciences. 4(3). pp.208–223.
Donohoe, S., 2011. The WW Gear case. conditions precedent and construction contracts",
Structural Survey. 29 (2) pp.99 – 105.
Edwards, S. J., 2008. Tort Law for Legal Assistants. Cengage Learning publication.
Elliot, C., 2009. Tort Law. Longman.
Jennings, M., 2010. Business: it’s Legal. Cengage
Middlemiss, S., 2012. The legal impact on employers where there is a sham element in contracts
with their workers. International Journal of Law and Management. 54(3). pp.209–221.
Miller, R., 2007. Cengage Advantage Books: Business Law Today: The Essentials. Cengage
Learning.
Moriarty, J., 2013. Handyperson schemes and the Equality Act 2010. Housing, Care and
Support. 16(3/4).pp. 114-125.
Nystén-Haarala, S., 2010.Flexibility in contract terms and contracting processes. International
Journal of Managing Projects in Business. 3(3). pp.462 – 478.
Partington, M., 2013. Introduction to the English Legal System. Oxford university press
Plimpton, L., 2007. Business Contracts : Turn Any Business Contract to Your Advantage.
Entrepreneur Press.
Rush, J., 2006. Business Law. Cengage.
Schaffer, R., 2009. International Business Law and its Environment. Cengage.
Slapper, G., 2011. The English Legal System. Taylor & Francis.
Tomprou, M. and Nikolaou, I., 2011. A model of psychological contract creation upon
organizational entry. Career Development International. 16(4). pp.342–363.
Treitel, H. G., 2002. Some landmarks of twentieth century contract law. Oxford University Press.
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Twomey, D., 2010. Business Law: Principles for Today's Commercial Environment. Cengage
Learning.
Zoll, F., 2012. The binding power of the contract: Protection of performance in the system of the
Common European Sales Law. Journal of International Trade Law and Policy. 11(3).
pp.259 – 265.
Online
Contract. 2006. [Online] Available through:
<http://uk.practicallaw.com/books/9781845921620/chapter04#SLASG-ch04-UID58>
[Accessed on 11 December 2015].
Elements of a contract. 2015. [Online] Available through:
<http://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/> [Accessed on 11
December 2015].
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