Aspects of Contract and Negligence for Business
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Added on 2019-12-03
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Aspects of Contract and Negligence for Business Introduction 3 TASK 13 1.1 Importance of the essential elements required for the formation of a valid contract with cases 3 clearly cited to support the elements 3 1.2 Discuss the impact of different types of contract 4 1.3 Explain this statement and analyse terms in contracts with reference to their meaning and effect 5 TASK 26 2.1 impact of different types of contract and analyse terms in contracts with reference to their meaning and effect6 2.2 Apply the law on terms in different contracts 7 2.3
Aspects of Contract and Negligence for Business
Added on 2019-12-03
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Table of ContentsIntroduction .....................................................................................................................................3TASK 1............................................................................................................................................31.1 Importance of the essential elements required for the formation of a valid contract withcases.............................................................................................................................................3clearly cited to support the elements...........................................................................................31.2 Discuss the impact of different types of contract...................................................................41.3 Explain this statement andanalyse terms in contracts with reference to their meaning andeffect............................................................................................................................................5TASK 2............................................................................................................................................62.1 impact of different types of contract and analyse terms in contracts with reference to theirmeaning and effect.......................................................................................................................62.2 Apply the law on terms in different contracts........................................................................72.3 Evaluate the effect of different terms in given contracts.......................................................8TASK 3............................................................................................................................................93.1 Contrast liability between contract and tort liability..............................................................93.2 Explanation of scenario with reference to nature of liability in negligence and employers’....................................................................................................................................................10Liability......................................................................................................................................103.3 Vicariously liability of business sin the case of Roger, Colin and Ben ..............................10TASK 4..........................................................................................................................................114.1 Apply the elements of the tort of negligence and defences in different business situations....................................................................................................................................................114.2 Elements of vicarious liability in given business situations...............................................11Conclusion ....................................................................................................................................11REFERENCES .............................................................................................................................132
Introduction Law is particularly refers to a system of rules which is enforced by the social institutionsto protect the rights of individuals as well as to punish individuals that are commencing illegalconduct (Kelly and et.al., 2013). The present report is going to deal with the different aspects ofContract and Negligence for Business and defines the importance of the essential elements thatare needed to form a valid contract. The assignment represents the difference between contractand tort liability and represents the various scenarios with reference to the nature of liability innegligence and employers’ liability. TASK 11.1 Importance of the essential elements required for the formation of a valid contract with casesclearly cited to support the elementsContract is a legal agreement that is made between two parties in which both are entitledto perform their duties and are obliged to provide satisfactory performance. The formation ofvalid contract is based on certain elements that are described in the following points:OfferOffer is known to be a proposal that is made to a person by another person. There are twotypes of offers one is general and another one is to specific party. The offer is made to theparties for seeking their intention to come into a contract or not. The consent of one party isimportant for a valid contract. Nonetheless, it is to be considered invitation to treat that is not anoffer (Mermann, 2000). The case held between Harvey v Facey [1893] UKPC 1, it was seen thatthe contract was not valid as the offerer had not shown his intention for the confirmation of thelowest price for the contract (Four Essential Elements of a Contract, 2014). AcceptanceAcceptance is an essential element of a contract that represents the concept of a partytowards the offer made by offerer to offerree (Milner, 2011). It is mandatory to communicatewith the offerer party for the consent of offeree. The case of Felthouse v Bindley[1862] EWHCCP J35 is the best example in which the contract was void just due to unclear acceptance fromthe second party.Intention 3
This is the major criteria of making a contract valid on the contract grounds. For a validcontract, this is important that all the parties must intend to create a legal relationship forcompletion of a contract and preforming legal obligations. Nonetheless, this is not accepted incase of charitable agreements. To clearly define this element, case of Balfour v Balfour [1919] 2KB 571 is used as an example in which it was found that the contract was purely social anddomestic agreement hence , the parties were not legally bounded.ConsiderationAccording to the aspect of English contract law, consideration is the monetary value thatis to be as an exchange of promises. This is mandatory that promisee and other party must getbenefit from it. The case titled with Re McArdle (1951) stated that past consideration is not aground of a valid contract. Such kind of consideration is seen valid when it will be preceded bya request.1.2 Discuss the impact of different types of contractAccording to the English Law, contracts are of different types and have their differentobligations on the parties. Various kinds of contract with reference of specific case are defined inthe following points. Unilateral contract: In this kind of contract, offerree makes promises to complete butthe other party of the contract is free to decide whether it want to perform duties or not.However, this is mandatory to revoke the offer prior to completion of performance. Carlil VCarbolic Smoke ball 1893 can be referred for cleaning the concept of such cases in whichdefendant was obliged to perform revocation of contract as there was not reasonable time.Bilateral contract : This contract defines the agreement in which both the parties promisefor performing the obligations. However, if any party is found to not performing their duties,then one party can claim for damages and innocent party become entitled to pay damages. Thecase of Brogden v Metropolitan Railway(1877) is to be considered for the explanation ofBilateral contract.Collateral contract: This kind of contract is such in which consideration is providedthrough other contracts. Collateral contracts are only considered valid if there are supportedpromises to perform the obligations. The case Barry B Davies, was a collateral contract betweenauctioneer and buyer in which consideration was not provided on the basis of contract. Further,4
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