ASPECT OF CONTRACT AND NEGLIGIENCE TABLE OF CONTENTS
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Added on 2019-12-04
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ASPECT OF CONTRACT AND NEGLIGIENCE TABLE OF CONTENTS INTRODUCTION 3 TASK 13 1.1 Importance of essential elements required for formation of valid contract 3 1.2 Impact of different types of contract 4 TASK 26 2.1 Elements of contract on case scenario 6 Case 1: Agreement6 Case 2: Consideration 6 2.2 Applying the law on terms in different contracts 7 Case 3- Exclusion clause 7 Case 4 Implied term 7 2.3 Evaluating effect of different terms in contract 8 Case 58 Case 69 TASK
ASPECT OF CONTRACT AND NEGLIGIENCE TABLE OF CONTENTS
Added on 2019-12-04
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ASPECT OF CONTRACT AND NEGLIGIENCE
TABLE OF CONTENTSINTRODUCTION............................................................................................................................3TASK 1............................................................................................................................................31.1 Importance of essential elements required for formation of valid contract ..........................31.2 Impact of different types of contract ....................................................................................4TASK 2............................................................................................................................................62.1 Elements of contract on case scenario ..................................................................................6Case 1: Agreement......................................................................................................................6Case 2: Consideration .................................................................................................................62.2 Applying the law on terms in different contracts .................................................................7Case 3- Exclusion clause ............................................................................................................7Case 4 Implied term ...................................................................................................................72.3 Evaluating effect of different terms in contract ....................................................................8Case 5 .........................................................................................................................................8Case 6 .........................................................................................................................................9TASK 3............................................................................................................................................93.1 Contrasting tort liability with contractual liability ...............................................................93.2 Explaining the nature of liability in negligence .................................................................103.3 Explaining how business can be a vicariously liable .........................................................11TASK 4..........................................................................................................................................114.1 Elements of the tort of negligence ......................................................................................11Case 7 .......................................................................................................................................114.2 Elements of vicarious liability ............................................................................................12Case 8 .......................................................................................................................................12Case 9 .......................................................................................................................................12CONCLUSION..............................................................................................................................13REFERENCES...............................................................................................................................14
INTRODUCTIONAspect of contract and negligence plays an important role for people in order to getjustice from wrong practices which are followed by individuals and organizations. Contract istermed as a legal agreement which takes place between two and more parties. It can be either inform of written or verbal which creates a legal relationship between two or more parties(Zamore, 2015). Further, a contract become legal when it binds all the essential elements ofagreement. These are offer and acceptance, consideration which party has to party and legalcapacity for parties to act for the same. On the contrary side, negligence is part of tort law whichcomprises harm caused by one party to the another not intentionally.This present document has been prepared on the case as per given in the case study forPeter Abraham and others. This present report will also focus on giving reader betterunderstanding of different aspects of contract and legality of various business terms. Thisdocument will also showcase the impact of breach of contract and provide necessary informationregarding remedies for negligence in functioning of business.TASK 11.1 Importance of essential elements required for formation of valid contract It is important for Peter Abraham to know all the necessary components of componentsso that he can come into sound relationship with another party. To form a contract, it is necessarythat all the important elements of contract are fulfilled so that person gets in sound relationshipwith the party (Wong and Deubert, 2010). Further, the elements of contract has its ownimportance and the discussion for same has been given down under: Offer: Offer has its important role in each and every contract. Offer is treated as proposalwhich expresses the will power of performing tasks, duties as well as obligations. Byreading the case of Harvey v Facey (1893), offer can be understood in the best manner.Further, offer also elaborates the major content of contact and it basically involves activeparticipation of offeror who develops strong relationship with the offeree. However, offerhas specific time period and the same gets elapsed when not accepted within the specifictime period.Acceptance: This is the second stage of the contract where offer so made by offeror isaccepted in the same form by the offeree (Four Essential Elements of a Contract, 2015).
Moreover, acceptance can be understood in better way by referring to case of Brogden v.Metropolitan railway Co. (1877). Further, if both the parties like to get into the contractthen they have to follow the important conditions of acceptance and these are:◦Terms of acceptance is similar with terms of offer◦Agreement have to be certain for particular event ◦Acceptance need to be communicated clearly with offereeContractual relationship: Both the parties in contact need to have certain intention sothat they can for am contractual relationship (Pathak, 2013). Furthermore, parties who aregetting into contract should not any kind of fear or pressure from other party. Moreover,by referencing to case of Jones v Padavatton (1969), contractual relationship can beunderstood in better way.Consideration: Contract which is taking place between the parties should have legalconsideration. Further, both the parties should get profit either in form of tangible or non-tangible. Here, one's consideration is generally gets exchanged with another and thepromise for consideration is generally made in writing which is signed by both the partiesof the contract.Capacity: Contract takes place when both the parties are liable and also capable of gettinginto contract (Revak, 2011). Person who are forming and getting into contract shouldpersist sound mind, legal age, etc.1.2 Impact of different types of contract There exist different types of contract and few of them have been discussed down underto give reader better understanding for the same. These are:Verbal and written contract: In the written contract, contractual obligations for thecontract are given in written form and it develops an effective means of legal formalities.In this offeror gives offer to offeree and tries to seek his/her acceptance in the writtenform as well. It is treated as most effective way to get into the contract because it can beshown as a proof in court when one party breach the contract (Ghazali, 2011). However,it is considered as a lengthy process but it eventually meets the objectives of getting intocontract. On the other hand, verbal contracts are those which are done verbally. In this,parties of contract works on the basis of trust and tries to meet the objectives of contract.This process is also treated as fast way to execute contractual obligation.
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