Aspect of Contract and Negligence for Business
Added on 2019-12-04
13 Pages4158 Words139 Views
Aspect of contract andnegligence forbusiness1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31. Essential elements required for formation for valid contract...................................................32. Impact of different type of contract.........................................................................................43. The different terms in the contract...........................................................................................54. Case scenario of Ivan and Todor.............................................................................................55. Case scenario of Adam and Brian............................................................................................66. Case scenario of Barry and Local council...............................................................................6TASK 2 ...........................................................................................................................................71. Contrast liability between contract and tort liability................................................................72. Scenario A: Nature of liability in negligence and employers liability.....................................83. Scenario B................................................................................................................................94. Case scenario...........................................................................................................................9CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................112
INTRODUCTIONIn order to carry out the successful business it is essential for the parties to agreedagreeuponinto a valid contract by through proper written agreement of the term and conditions(Bridgeman and Goldberg, 2012). Contract must be legally enforced by the law that wouldsupport in protecting the rights of both the parties, agreeing in the contract so that they can mustprotect them from the unethical practices. However, for managing the written as well as non-written agreement government havehas formed various laws related towith the contract as wellasand negligence for business. Presently, the study focuses on different case scenario so that theycan easily measure or understand the essential element that areelement that isisbeing required toform athe valid contract. In order to form a valid contract among the parties it is essential forthem to focus on different elements as these elements are constitutional for them. Furthermore,the report will also compare the liability in tort with the contractual liability. TASK 11. Essential elements required for formation for valid contractIn order to form a valid contract among the parties it is essential for them to focus ondifferent elements as these elements are constitutional for them (Stanberry, 2006).in forming avalid contract. The importance of forming a valid contract is that it is considered consider aslegal in the eye of law. The different elements that is required to form the valid contract areenumerated as follows-Offer and acceptance- One of the essential elementelements that isare being required toform the valid contract include valid offer and acceptance between both the parties andthose who are agreeing into the contract. The offer given by one party must be acceptedby the other partyparties without any condition and terms. Thus, it iscan be termed asvalid offer and acceptance between the parties (Zoll, 2012). Competent parties- Another element that is essential for formation of valid contractinclude capacity of competency betweenof the parties, those who are agreeing into thecontract. The parties must attain the age of 18 year for entering into a valid contractualrelationship. The party with unsound mind, lunatic, alcoholic or have not attained attainthe age of 18 year is not entitled to enter into the contract. 3
Intention of the parties- However, for forming a valid contract another essential elementis that both the parties must have legal and positive intention (Kelly and et.al., 2013).forentering into a valid contract. The purpose of both the parties for entering into a contractmust be legal so that they can should enter into a valid contract. However, the charitableagreement between the parties areagreement between the parties is not being consideredas a valid contract. 2. Impact of different type of contractThe statement “When one speaks of types of contract it is all the same under Englishlaw” however, the stated statement is not true at all because there are different formforms ofcontract that impact the overall agreement or contract between both the parties (Luo, 2002). Thedifferent types of contract include-Written contract- One of the common type of contract is written contract under whichboth the parties agree toagreed to certain terms and conditions and those terms areentered into a contract so that both the parties can easily meet their objectives. Sunderwritten form of contract parties are legally abide to follow the terms and instructionentered into a contract. The impact of written contract is that it actacts as the proof forboth the parties that they have been into the valid contract (Palmer, 2014). Oral contract- Another form of contract include oral contract under which the partiesorally beingenter into the agreement. There is no such written agreement signed by theparties that may act as evidence for being entering into the contract. Therefore, the impactof oral contract on the parties is that they are will be that theyparties are not abided tofollow the instruction and terms (Keith, 2002). Unilateral contract- Unilateral contract is the type of contract inunder which one partyoffer the agreement to the anotheranother party and they perform the action for the offerprovided by the party. However, under this form of contract only one party has the rightto make offer and promise to the other party party. Bilateral contract- howeverHowever, Bilateral agreement is the anotheranother type ofcontract under which both the parties perform the activity and action as per the act ofother party. Under this type of contract,each party is consideredconsider as4
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