Aspects of contract and negligence Assignment
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Added on 2019-12-03
Aspects of contract and negligence Assignment
Added on 2019-12-03
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ASPECT OF CONTRACT AND NEGLIGIENCE
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Importance of essential elements required for formation of valid contract......................11.2 Different types of contract and their impact.....................................................................21.3 Analyzing terms in contract with reference to their meaning and effect.........................32.1 Impact of different types of contract................................................................................42.2 Applying the law on terms in different contracts.............................................................42.3 Evaluating effect of different terms in contract................................................................5TASK 2............................................................................................................................................63.1 Contrasting the liability in tort with contractual liability.................................................63.2 Explaining the nature of liability in negligence...............................................................63.3 Explaining how business can be a vicariously liable.......................................................74.1 & 4.2 Elements of tort of negligence and vicarious liability............................................8CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
INTRODUCTIONAspects of contract and negligence play a crucial role for individual to get justice fromthe false practices which are occurred by different organizations or people. Contracts are treatedas a written or verbal agreement through which legal relationship is created between two or moreparties. Each party of contract acquires the rights and duties which need to be fulfilled as per thepromises inserted in the contract (Millon, 2009). Negotiation on the other side is treated as aprocess of discussing something with someone in order to make agreement with individualsalong with the decisions. The present report focuses on creating a better understanding about thedifferent aspects of contracts and also the legality of business terms. Further, case scenarioswhich are mentioned in the report will help in developing a clear and extensive study regardingthe same topic. It develops an insight about all the legal terms and obligations for the partiesinvolved in the contract. Further, this report shows the impact of breach the contract andprovides information about the remedies for the negligence in the business operations. TASK 1 1.1 Importance of essential elements required for formation of valid contract Every contract requires some principles that should be followed in an effective manner tomake a contract valid. In context to this, for making a valid contract, some principles which needto be followed (Gale, 2007). Essential elements of valid contract have been stated below:Offer- Offer is considered as a crucial requirement for each and every contract. Offer is aproposal that expresses the desire of performing the tasks, duties and obligations. Offerdefines the major content of the contract and defines the interest of offeror to create abusiness relationship with offertee. In an offer, two parties are involved in order to makea contract successful. An offer will elapse when the time of acceptance expires and alsowhen it is withdrawn before the acceptance. With reference to the case Harvey v Facey(1893), offer can be understood in more precise manner.Acceptance- In acceptance, consent of offer is now bidden into an agreement and legalcontract is formed. If both the parties are bounded into an agreement then major rules ofacceptance will be followed effectively. These are:◦Acceptance must be communicated with the offeree◦Terms of acceptance should be matched with the terms of offer.1
◦Agreement which is taking place should be certain.With reference to the case of Entorres v Miles Far East (1955), major components of acceptancewill be understood in a significant way. Intention of legal consequence- Contract requires that both parties should enter into alegally binding agreement. This is because contract will develop a legal relation betweenthe parties and agreement will be enforced by the law. Under the legal consequences,parties are entering into an agreement without any fear, pressure and persuasion (Hendyand et.al., 2011). With reference to the case of Jones v Padavatton (1969), this point canbe understood in more precised manner.Consideration- Contract which is taking place should be created by a valuableconsideration. Both parties are equally getting the benefit of the agreement by havingeither a tangible or non-tangible gain. Lack of consideration will make this agreement asa gift instead of a contract. Consideration can be of any type as it is not necessary to bemonetary only. With reference to the case of Lampleigh v Braithwaite (1615),consideration can be understood with the help of different aspects of tangible and nontangible gain.1.2 Different types of contract and their impact Different types of contracts have been stated below for the proper and effectiveunderstanding.Verbal and writtencontract: Written contract is the one which carries out the contractualobligations in a written form and creates an effective means of legal formalities. Offerorgives an offer to the offeree and tries to seek the acceptance in the written form as well. Itis considered as the most effective way of the contract where all the legal formalities areaccepted in a written as well as in a legal way (Abbott, Pendlebury and Wardman, 2007).Though, it is the lengthy process but it significantly helps to achieve the objectives ofcontract. On the contrary, verbal contract is done on the basis of verbal measures. Partieswho are in an agreement works on the basis of trust and execute the contract effectivelyto accomplish the objective of contract. Moreover, it is considered as a speedy way ofexecuting contractual obligation.2
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