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Aspects of Contract and Negligence Act

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Added on  2019-12-03

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This report is on the "nature of liability in negligence".  A contract is valid only when offer and acceptance are there. The following report interprets the various essential elements of a valid contract. In this report, various terms and types of the contract are also discussed taking into consideration variously given scenarios. In this report, various elements and types of liabilities are also discussed. At last various elements of vicariously, liability is considered in order to solve the problem that arises out of the given scenario.

Aspects of Contract and Negligence Act

   Added on 2019-12-03

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Aspects of contract andnegligence act
Aspects of Contract and Negligence Act_1
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Essential elements of a valid contract..............................................................................11.2 Different types of contract................................................................................................12.1 The contracts between ‘Bill and Cathy’, and ‘Bill and Liza’ valid?................................2TASK 2............................................................................................................................................21.3/2.2 terms in contracts with reference to their meaning and effect..................................22.Effect of Expressed and Implied terms on the given case...................................................3TASK 3............................................................................................................................................34.1 Elements of tort of negligence.........................................................................................33.1 Difference between nature of liability in contract and liability in tort.............................43.2 The nature of liability in negligence with reference to ‘Donoghue v Stevenson 1932’..4TASK 4............................................................................................................................................54.2 Discuss whether Bill is liable of negligence and if XYZ Dairies can be held vicariouslyliable.......................................................................................................................................53.3 How a business can be held responsible for the ‘wrongs’ committed by its employees.5CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................7
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INTRODUCTION Contract is a legal agreement between two or more parties. A contract is valid only whenoffer and acceptance is there. The following report interprets about the various essential elements ofa valid contract. In this report various terms and types of the contract are also discussed taking intoconsideration various given scenario. In this report various elements and types of liabilities are alsodiscussed. At last various element of vicariously liability are considered in order to solve theproblem arise out of the given scenario.TASK 11.1 Essential elements of a valid contractOffer and acceptance: - offer and acceptance is the act of putting something in front of theone person for sale and accept the same by the other person. This is very important for the formationof a valid contract (Chalmers, Davies and Monti, 2010). It is similar to the binding agreement whichindicate that both the parties have agreed upon the same thing in the same sense.Consideration: - Consideration is the act of giving something to the other at an agreed pricebetween the both. It is important for the foundation of every contract. Without consideration thecontract is said to be null or void.As a junior legal executive of the ABC firm it can be conclude after taking into considerationthe given scenario that it is the case of 'invitation to treat'. Invitation to treat is not an offer but it isthe invitation by a person who is willing to negotiate the contract. Therefore, from the given scenarioit is seen that Bill is willing to negotiate the contract with the prior approval of Cathy and Liza.1.2 Different types of contract.Bilateral and Unilateral contract: - Bilateral contract are the contract which are formedbetween the entities with mutual concern and trust. Similarly, unilateral contract are the contractwhich are formed by the promise on only one entity (Chestnutt, Davies and Thomas, 2009).Impact- taking into consideration the given scenario it can be seen that Bill is liable towardsthe contract only when acceptance has been made by Cathy and Liza. Therefore, when offer andacceptance is there from both side than only a valid contract can be formed.Executed and Executory contract:- Executed contract is the contract in which nothing isremain to form by either of the parties. Similarly, executory contract are the contract in whichsomething remain to be performed by parties according to the terms of the contract.1
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