Aspect of Contract and Negligence Report
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Added on 2020-01-07
Aspect of Contract and Negligence Report
Added on 2020-01-07
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Aspect of contract andnegligence
Table of ContentsINTRODUCTION................................................................................................................................3TASK 1.................................................................................................................................................31.1 explain the importance of essentials elements of valid contract................................................31.2 discuss the impact of different types of contracts as requested.................................................41.3 analyse the term in contract........................................................................................................5TASK 2.................................................................................................................................................62.1 the element so contract in a given bussienss scenario................................................................62.2 apply the law of term in a given contract...................................................................................72.3 Evaluate the effect in tort with contractual liability...................................................................8TASK 3.................................................................................................................................................93.1 difference between tort and contract .........................................................................................93.2 the nature of liability in negiligence.........................................................................................103.3 how business can be vicariously liable.....................................................................................10TASK 4...............................................................................................................................................114.1 Elements of tort in negligence..................................................................................................114.2 element of vicarious liability in a business situation................................................................13CONCLUSION..................................................................................................................................14REFERENCES...................................................................................................................................15
INTRODUCTIONIn the present scenario, aspects of contract have become very essential for individuals.Furthermore, it can be stated that at the time of formulating any contract or agreement, it is requiredby people to take care of several factors (DeMitchell, 2006). Negligence and contract are consideredas one of the crucial and most important part of the entire British legislation. In simpler term,contract is defined as a legal agreement between two or more person. The present research reporthighlights all the essential elements which are required in order to formulate a valid contract. Inaddition to this, clear discussion regrading impact of forming different contract is carried out in thisstudy. The current research also highlights application of various elements of contract according tothe given care scenario. Apart from this, elements of tort in context of negligence are clearlymentioned in the study carried out. TASK 11.1 explain the importance of essentials elements of valid contract.A contract is an agreement which is made between two or more parties for a particularlawful object, which is enforceable by law. The purpose of a contract is to establish the agreementthat the parties have made and to fix their rights and duties in accordance with that agreement. Thecourt must enforce a valid contract as it made, unless there are grounds that bar its enforcement.The courts may not create a contract for the parties (Dobson, 2013). When the parties have noexpress or implied agreement on the essential terms of a contract. To make a valid settlement it isrequired to have below mentioned essential elements while making the agreement:Offer: An offer is an expression of readiness to do something which, if followed byunconditional acceptance of another person, results in a contract. If no time limit isspecified, an offer is valid for a reasonable length of time before the offerer can revoke orcancel it (Granger, 2015). It is important to note that the offerer cannot take silence as aform of acceptance. An offer must be distinguished from an invitation to treat which merelyinvites other people to make offers but is not in itself an offer.Case of Offer: Harvey V Facey [1893], in this case the court held that just to determine theprice is not considered as the offer as there should be the intention of the party to invite someone fora specific transaction.Acceptance: there is no contract unless and until the offer is accepted by the person to whom
the offer is addressed (Elements of Law of Contracts, 2012). It can be made by the people inwriting or in oral so the acceptance can be made at any time and at in any mode. (Handfordand McGivern, 2015).Case of Acceptance: Entorres V Miles Far East [1955], The court gave the judgement thatthe acceptance is essential to be given in the contracts.Consideration: It is the element in the partners of the agreements make the promise to fulfilthe targets of the agreements and there should be an effective consideration it can bemonetary or non monetary. (Jones, 2012). the further it is to be noted that the considerationshould be equal to the fair values which have been determined by the parties of the contract.Case of Considration: Chappel v Nestle [1960], it was jeld that the wrrapers were goodconsideartion becauise the promotion was designed for seeling more choclates bars, so it isconsidred as the tangible commercial value for Nestle. Capacity: As per this element the court has made some rules for making the parties of theagreement to get enter into the contracts. The court has decided the age of 18 for gettingentered into a contract. So the capacity is also an important element for getting entered intoa covenant.Intention to create legal relations: As per this element the parties of the contract should havethe intention to get enter into the contract. By this their willingness to make a contract canbe fulfilled. (Kantarelis, 2008). Thus, to make a valid settlement it is important to have alegal intention to get enter into an agreement.Case Law Edwards V Skyways Ltd [1964], In this case the court held that the agreements whichhave been made must be legally binding on the parties of it. 1.2 discuss the impact of different types of contracts as requestedImpact of contracts in various situations as per the scenario given:Face To Face Contracts: If Peter Abraham has a plan to make a face to face agreement thenit would be treated as expressed contract because the elements are specifically statedincluding offer, acceptance and consideration (Types of Contracts, 2015). This is prettystraightforward. Peter Abraham has a plan to become a self employed building contractorand for this it is important to get agreed upon terms, and are of age and mental capacity to
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