Doc Aspects of Contract and Negligence for Business
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Added on 2020-10-04
Doc Aspects of Contract and Negligence for Business
Added on 2020-10-04
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ASPECTS OFCONTRACT ANDNEGLIGENCE FORBUSINESS
Table of ContentINTRODUCTION...........................................................................................................................11.1 Description of various elements of valid contract.................................................................11.2 Discussion about the impact of various types of contracts...................................................21.3 Assessment of the valid contract terms and condition..........................................................3TASK 2............................................................................................................................................42.1 Implimentation of various elements of contact.....................................................................42.2 Implementation of various terms of contract.......................................................................42.3 Assessment of the influence of different terms in the given contract...................................5TASK 3............................................................................................................................................53.1 Similarities and difference between the contractual liability................................................53.2 Explanation about how liability for negligence can arise....................................................63.3 Explanation about the vicarious liability and its impact in the given case..........................7TASK 4............................................................................................................................................74.1 Elements of tort and negligences..........................................................................................74.2 Understanding of vicarious liability in various cases...........................................................8CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONThere are different laws and regulation which has developed by the UK government.These laws and legislation assist to business parties in to engage in legal and valid contractualagreement. With assistance of laws and legislation, no business parties can engage with unethicaland unfair activities. The following report provided the depth knowledge and understandingabout the contractual liability and tort liability (Appleman, Appleman and Holmes, 2013).Various kinds of element of valid contract and its implication in the case scenario has been alsoincluded in this assignment. In addition to this, different terms and condition has also discussedand it impacts with respect of case scenario has addressed in this assignment. In addition to thisthe entire report is bifurcated into various case study which defined various aspect of businesslaw and legislation and its implication.1.1 Description of various elements of valid contractAs per the given case scenario, Peter Abraham needed to start its business in buildingdevelopment. He has very little idea and understanding development of contract. Thus, he isrequired to consider various essential elements of valid contract. As per the UK government,valid contract is that which is enforceable by law. Following are some components of validcontract which required to understand by Peter Abraham-Proper offers and acceptance- In the valid contract, it is very essential element underwhich between two parties there must be proper acceptance and offer. While PeterAbraham will operate his business then he must offer to someone for something. An offeris proposal by one person to other person under which some intension are included. Onthe other hand, acceptance is a willingness to enter into the contractual obligation.Acceptance may be in the form of oral and written form (DeMitchell, 2006). It must alsoincludes all terms and condition related to the contract.Intension to create legal relationship- This is one another major element in the validcontract under which parties must have intension to create legal relationship while itenters in the valid contract. In the case if there is no such intension then there is nocontract. Peter Abraham must have intension to develop the contract if he wants toinvolve in his won business.1
Free consent- Peter Abraham must have free consent while he enters in the valid contractwith someone. It should not any misrepresentation, fraud, coercion, undue influence andmistake.Capacity to enter into the contract- This is another major element under which bothparties Peter Abraham and other who will deal with him must have capability to enterinto contract (Giliker, 2010). Moreover, both parties must have sound mind, age ofmajority and capable to deal in agreement.1.2 Discussion about the impact of various types of contractsAs per the above discussion it has been ascertained that Peter Abraham requiresconsidering various essential element of valid contract while he starts his own business. Thereare various types of valid contract which he has to understand. Following are some kinds of validcontract and impact in the business-Written and verbal contract- A written contract is that document under which all termsand condition are included. In addition to this, in this contract bot parties signed upon thedocument which is being prof for both parties. It is very safe and secure manner todevelop the valid contract among the person. On the other hand in the verbal contract,there is no need to sign upon the document. In this both parties verbally engage in theagreement as they involved by the words or expression (Nystén-Haarala, Lee and Lehto,2010). Peter Abraham have to focus on this type of contract under which he can designthe contract by either in written or verbal form. While any contract made between theparty then there must written and oral consideration should include.Distance and face to face contract- In this contract both parties must have physicalpresent at the place where contract is developed. In addition to this they must fullyinvolve and aware about the terms and conditions. In this agreement, both parties agreesupon terms and condition of contract verbally and no written proof is discussed (Sutton,2010). Peter Abraham can develop the contract by face to face conversation under whichparty who are offered for product and services by peter are aware about the terms andcondition in verbal way.Unilateral and Bilateral contract- In the bi;lateral contract both parties have to fulfiltheir promises that are required in the contract. They are supposed to fulfil their duties2
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