Effective Practices for Maintaining a Peaceful Work Environment

The assignment content discusses the importance of practices that develop fear among employees, which can lead to a peaceful environment within an organization. Additionally, it highlights the elements of the tort of negligence, vicarious liability, and defenses in the context of a business scenario. The report also emphasizes the need for parties to a contract to consider all essential aspects, including offer, acceptance, consideration, and intention. Furthermore, it touches upon employer liability and occupier's liability.

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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1 CONTRACT AND ITS ELEMENTS...............................................................................1
1. Stating the importance of essential elements which are required to form a valid contract
along with the cases................................................................................................................1
2. Impact of different types of contract..................................................................................2
3. Analysis of express, implied and innominate terms of the contract with reference to their
meaning and effect.................................................................................................................3
4. Application of the elements of contract as per the case scenario.......................................3
5. Application of the different contractual terms....................................................................4
6. Evaluating the effect of the different terms of the contract................................................4
TASK 2 DIFFERENT LIABILITIES..............................................................................................5
1. Contrasting contractual liability and liability in tort..........................................................5
2. Nature of liability in negligence and employers liability as per the case scenario.............5
3. Stating the extent to which business is vicariously liable..................................................6
4. Elements of the tort of negligence, vicarious liability and defenses in the context of the
given business scenario..........................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

INTRODUCTION
Contract may be defined as a legal binding or relationship between two or more
competent parties. Contracts are usually made in the written format but they may be oral or
implied. In order to form a contract, competent parties must fulfill all the essential elements
which are required to form a valid contract (Ali and Kumar, 2015). The present report is based
upon the different case scenario. This project report will shed light on the importance of essential
elements which are required to form a contract. Besides this, it depicts the impact of different
types and terms of contract upon parties to a contract. In addition to this, it will state the mature
of liability in case of negligence. Further, it will also develop an understanding about the concept
of vicarious liability.
TASK 1 CONTRACT AND ITS ELEMENTS
1. Stating the importance of essential elements which are required to form a valid contract along
with the cases
There are mainly four types of essential elements such as offer, acceptance, legal
consideration as well as intention to form a legal contract. Parties to the contract must fulfill all
these essential elements in order to form a legal relationship. Agreement may turn into the
contract only when it is having the following attributes:
Element Features Cases
Offer
Offer can be defined as a proposal of any kind in
which one party offers to another party with the
intention to create a legal binding. There is
significant difference between offer and
invitation. In invitation, one party requests to
another party to make an offer in front of
him/her.
According to the case of
Fisher V Bell, goods are
displayed at the shop with
the price labels. This
aspect is considered as an
invitation to treat.
Acceptance When party to a contract accepts the offer to
which offer is made then it is considered as to be
acceptance. This aspect is highly essential for the
legal relationship.
By referencing the case of
ODF Brogden v.
Metropolitan Railway Co.
(1877), acceptance which
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is given in written and
other form of
communication is valid.
Consideratio
n
For the legal binding, the contract must be
associated with the lawful consideration.
Consideration should be in the monetary terms
rather than in any other form (Dickinson and
Nicholson, 2015).
On the basis of case of
Thomas v Thomas)
(1842), court gave their
judgment that love and
betting are also included in
the legal consideration.
Intention
In order to legally enforceable, the contract there
must be an intention between the parties to create
a legal relationship (Four Essential Elements of a
Contract, 2015).
Agreements which are
formed at the domestic
level are not enforceable
by law according to the
case of case of Balfour v
Balfour [1919].
2. Impact of different types of contract
There are various types of contract which places different kinds of impacts upon the
parties to a contract which are enumerated as below: Written and oral contract: Written contract is one in which all the terms and conditions
of contract are mentioned in the oral format. Written contract provides relief to an
innocent party when other party to a contract makes default in his/her performance. In the
written contract, innocent party has the proof which they can represent in front of legal
authority (Chamallas, 2014). However, in oral contract, all the terms and conditions of
contract are made in the verbal form. In this case, jurisdictions are not able to solve the
disputes which arise between the parties to a contract. As per the case of Brogden v
Metropolitan Railway (1877), competent parties make a contract by undertaking any
form of communication
 Unilateral and bilateral contract: Contract in which one party makes promise to other
party without taking consent of it is termed as unilateral contract. In this, offeror is
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obliged to perform the promise which is made by him. Nevertheless, offeree has no legal
obligations in order to perform the terms and conditions of the contract as per the case of
Carlil V Carbolic Smoke Ball. In contrary to this, in bilateral contract, both the parties
agree to perform the terms and condition of contract by referencing the case of Mattei v
Hopper. Thus, if one party makes default in their performance then other has the right to
claim for the damages.
3. Analysis of express, implied and innominate terms of the contract with reference to their
meaning and effect
Analysis of different terms of contract with reference to their meaning and effect are as
follows: Expressed terms: Terms which are inserted in the contract with the mutual consent of
parties are known as expressed terms. As per these terms, innocent party has the right to
claim for the damages when defendant party makes default in their performance. Implied terms: These terms are those which are included by the laws and legislation.
Implied terms which are imposed by the government provide more safety to the innocent
party when another party makes default in their performance.
 Innominate terms: Such terms may either be the condition or warranty which highly
depends upon the nature of loss which is suffered by the claimant party. In condition,
damaged party have the right to either repudiate the contract or claim for the
compensation (Tadros, 2014). Whereas, in warranty, innocent party has only right to
claim for the damages but they does not have the right to repudiate the contract.
4. Application of the elements of contract as per the case scenario
On the basis of given case, Ivan went to Todor's bookshop and expressed his feeling to
purchase the book worth of £50. Nevertheless, Todor's refused to Ivan that he already sold this
book to Carl. As per the case scenario, attributes of this case are enumerated as below:
 Invitation to offer: With reference to the case of Fisher V Bell, if goods are shown at the
shop along with the piece label then it is recognized as invitation to offer rather than only
offer.
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 In addition to this, offeror has the right to accept or reject the proposal which is made by
another party. Offerer needs to give his opinion with regard to the acceptance or rejection
of offer within suitable time frame.
 Further, contract is valid only when there is offer, acceptance, legal consideration and
intention to create the legal obligation between competent parties (McLaren, 2014).
In this case, Ivan makes an offer but Todor's refused to sell the book. Thus, there is offer
but absence of the acceptance between parties to a contract. Thus, Todor's has the right to refuse
to Ivan about the selling of book.
5. Application of the different contractual terms
According to the case scenario Adam made an advertisement in the newspaper about the
reward of £1000 who swims across the English Channel from Dover to Calais. Brian saw the
advertisement and there by accepts the offer made by Adam. On the basis of the case it is
unilateral contract in which one party make promise to another party without taking consent of
them (Brack, 2014). According to terms of the contract Brian started his performance. On the
same day Adam placed another advertisement and announced that reward system is withdrawn
with the immediate effect. Brian was unaware from the next advertisement and continues his
performance. Once channel have crossed thereafter Briam claim for the reward but Adam
refused to give for the same. According the case Carlill v Carbolic Smoke ball if offeree
performs as per the terms and condition then offeror is also obliged to perform. Thus, Brian has
accomplished his performance as per the terms of the contract so Adam is obliged to give reward
of £1000 to Brian.
6. Evaluating the effect of the different terms of the contract
As per the cited case scenario Barry went to the local park which is managed by the local
council. Barry saw a notice which states that individual can hire the chair for the hour by taking
the ticket worth of 50p. After seeing a notice Barry has accepted the offer which is offered by the
local council. As Barry sat on the chair it collapsed. Due this incident, Barry is got injured and
his clothes are also damaged. On the basis of this aspect Barry claimed for the compensation in
against to the local council for the damages suffered by him. Nevertheless, local council refused
to give compensation to Barry on by taking into consideration the exclusion clause. Exclusion
clause clearly states that there is no liability of the firm in case of any damages. As per the case
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scenario it is express term of the contract in which both the parties give their mutual consent
about the terms of the contract (Haripriya and Haripriya, 2014). By referencing the case of
Champelton v Barry it is the mistake of Barry that he did not read the exclusion clause which are
mentioned in the back side of the ticket. This, local council is not obliged to give compensation
to Barry for the damages.
TASK 2 DIFFERENT LIABILITIES
1. Contrasting contractual liability and liability in tort
There are significant differences take places between the contractual liability and liability
in tort. Tort liability is arises when parties to the contract did not perform as per the standard
duties. Whereas contractual liability arises when competent parties fails to perform their
activities in accordance with the terms and conditions of the contract. In addition to this, under
the contractual liability parties mutually the right and obligations of each other. Whereas in tort
liability duties and obligations are imposed by the legal authority (Raine, 2014). Along with it,
legal relationship is formed by the parties to a contract in the case of contractual liability. In
contrary to this, in tort liability legal relationship between the competent parties is formed or
imposed by judicial authority.
2. Nature of liability in negligence and employers liability as per the case scenario
Negligence represents the failure of the employer to give reasonable care to their
employees who may cause injury to them (Lewis, 2015). On the basis of the case scenario Ben in
the owner of the Regent hotel and Roger is the dishwasher who complaint about the skin rashes
due to the long period of washing up. In order to resolve this issue Ben provided the rubber
gloves to their employees. Nevertheless, most of the employees including Roger still did not
make use of the gloves which may cause of the skin rashes. This aspect clearly states that Ben
had performed his duty more effectively to the large extent. As Ben has made all the health and
safety arrangement for their employees.
Thus, Ben is liable to give any form of compensation to Roger. Moreover, employer is
liable to give compensation only when employer neglects the duty of care. In accordance with
the negligence act employer would be liable only when they fails to avail the healthy and safe
working environment to their employees. In addition to this, claimant party is able to take
compensation when the defendant party breaches their duty. Along with it, the extent to which
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loss are suffered by the claimant party due to the defendant party is foreseeable then they needs
to compensate to the damaged party. Case of Nettleship v Weston states that standard care needs
are applied on both the learner driver as well as on experienced driver. On the basis of these
aspect employees faces skin diseases due to their own negligence. Therefore, Ben is not
accountable to give compensation to Roger.
3. Stating the extent to which business is vicariously liable
Vicarious liability consists of the situation in which one party is held accountable for the
undesirable act or omissions of the person. In vicariously liability obligations are occurred on the
one party due their relationship with another party. Vicariously liabilities are arises on the
employer due to having the contractual relationship with the employees or workforce (Granger,
2015). In addition this, employer of an organization has the power to make exert control upon the
undesirable act of their employees. As per the vicarious liability employer would be liable to
give compensation to the third party due to the undesirable act of their employees.
As per the cited case scenario Colin who is the head shed of the hotel got fed up with the
Roger and his attitude. In order to reduce the angriness Colin hitting the Roger with the frying
pan. Due to this, roger is heavily injured but he refused to go to the hospital. In this case, Ben is
liable to give compensation to Roger. It is cited in the case scenario that Colin is the employee of
an organization. Thus, Ben is liable for the unlawful actions of their employees. As per the case
of Lister v Hesley employers are vicariously liable for illegal actions of the employees. Thus, he
needs to compensate the Roger to the extent to which loss suffered by them. Ben can prevent
such kind of the unethical practices by indulging the strict policies in relation to the punishment.
Such practices develop fear among the employees so they hesitate to do unlawful actions which
affect the goodwill of an organization (Orne, 2015). Through this, employer is able to develop
and maintain the peaceful environment within an organization.
4. Elements of the tort of negligence, vicarious liability and defenses in the context of the given
business scenario
Elements of the tort of negligence, vicarious liability and defenses are as follows: Volenti-non- Fit injuria: This terms states that damaged party can claim for the
compensation only when defendant party fails to do their duties and responsibilities. In
contrast to this, when employees knowingly neglect the health and safety aspects then
they are not in condition to make sue upon another party.
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 Necessity: Claimant party did not make sue upon the employer for the compensation if
employees of an organization perform the illegal activities in order to prevent the
undesirable activities of others (Kodilinye, 2014). In this situation, employer would not
be liable to give compensation to the third party. Justification: If defendant party get success in justifying the allegation which are imposed
by defendant party upon them then they does not have the needs to give compensation to
the claimant.
 Illegal: Innocent party can demand for the compensation if they incur loss due to the
immoral or illegal act of the defendant party (Handford and McGivern, 2015).
It is cited in case study that Mark is the frequent guest of Regent hotel who decided to
enter in the pool to swim. Mark had ignored the sign board which is hanged on the pool door and
entered in the swimming pool. Sign board clearly states that pool is closed between the 7 pm to 7
am. In addition to this, it also mentioned in the sign board that it is dangerous for the visitors
who entered in the pool during these hours. Mark read the sign board but he ignored this aspect
and there by entered in pool. Due to this, Mark is heavily injured and his expensive sunglasses
were broken down. According to the occupier's liability act 1957 it is the responsibility of the
hotel or organization to take care of their guests. If they fails to provide healthy environment to
guest then damaged party have to right to make sue upon the defendant party (Occupiers
Liability Act. 1984, 2015). As per the act of 1957 Ben is liable to give compensation to Mark for
the loss suffered by him. There are several amendments are made in the occupiers liability act
and the new occupier liability 1984 is formed. This provides more relief to the organization in
against to the claimant party (Howie, 2014). As per the case of McGeown V Northern Ireland
organization is not liable for injury of the guest if they intentionally prevent the health and safety
arrangements. On the basis of this aspect Ben is liable to give compensation to Mark for the
damages which are suffered by them.
CONCLUSION
From this project report it has been concluded that parties to a contract needs to be taken
into consideration all the essentials to legally enforceable the agreement. Thus, there must be
offer, acceptance, consideration and intention between the parties to a contract. Further, it can be
concluded that different types and terms of the contract places different impact upon the parties
to a contract. Further, it can be seen in the report that employee does not make sue upon the
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employer if loss is occurred due to their own negligence. It can be inferred that employers are
liable for the undesirable act of the employees as per the employer liability act.
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REFERENCES
Books and Journals
Ali, J. and Kumar, S., 2015. Understanding the contract structure for mango and empirical
analysis of its determinants. British Food Journal. 117(8). pp.2161-2181.
Brack, G., 2014. Nurse prescribing and vicarious liability. Nurse prescribing. 12(3). pp.147-
149.
Chamallas, M., 2014. Two Very Different Stories: Vicarious Liability Under Tort and Title VII
Law. Ohio St. LJ. 75. pp.1315.
Dickinson, J. and Nicholson, A., 2015. Supreme Court Closes Another Vicarious Liability
Loophole: Woodland v Swimming Teachers Association. European Journal of Current
Legal Issues. 21(2).
Granger, B., 2015. Known Injuries Vs. Known Risks: Finding The Appropriate Standard For
Determining The Validity Of Releases Under The Federal Employers'liability Act. Hous.
L. Rev. 52. pp.1463-1529.
Handford, P. and McGivern, B., 2015. Two Problems of Occupiers' Liability: Part One-The
Occupiers' Liability Acts and the Common Law. Melb. UL Rev. 39. pp.128.
Haripriya, A. and Haripriya, V., 2014. Knowledge about Medical Law and its Negligence
among Doctors: A Cross-Sectional Study. Int J Sci Res Publ. 4. pp.1-3.
Howie, F. ed., 2014. Safety in museums and galleries. Butterworth-Heinemann.
Kodilinye, G., 2014. Commonwealth Caribbean tort law. Routledge.
Lewis, S., 2015. Certificate of Employers’ Liability Insurance (a). policy. 19. pp.2016.
McLaren, W.M., 2014. Endangered Theory: Vicarious Liability under the Endangered Species
Act, An. Envtl. L. 44. pp.1203.
Orne, K., 2015. It's About Time: Modernizing the Federal Employers' Liability Act of 1908.
Ariz. St. LJ. 47. pp.343-343.
Raine, J.M., 2014. Off-label use of medicines: legal aspects. In Contrast Media (pp. 17-21).
Springer Berlin Heidelberg.
Tadros, V., 2014. Orwell's battle with Brittain: vicarious liability for unjust aggression.
Philosophy & Public Affairs. 42(1). pp.42-77.
Online
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Four Essential Elements of a Contract. 2015. [Online]. Available through:
<https://www.smallbusiness.wa.gov.au/business-topics/money-tax-and-legal/legal-
matters/business-contracts/four-essential-elements-of-a-contract/>. [Accessed on 17th
December 2015].
Occupiers Liability Act. 1984. 2015. [Online]. Available through:
<http://www.legislation.gov.uk/ukpga/1984/3/data.pdf>. [Accessed on 17th December
2015].
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