logo

Aspects of Contract and Negligence for Business : Doc

   

Added on  2019-12-03

12 Pages4839 Words138 Views
ASPECTSOFCONTRACTANDNEGLIGENCEFORBUSINESS1

TABLE OF CONTENTSIntroduction .........................................................................................................................................3Task 1....................................................................................................................................................31.1 Essential elements required for the formation of a contract and explain the importance .........31.2 Discussing the main types of contract along with their impacts ...............................................32.1 Applying various elements of a contract held between Liza and Bill and Bill and Cathy .......4D2 Explaining promissory estoppel.................................................................................................4Task 2....................................................................................................................................................41.3 and 2.2 Analyzing the terms in contracts with reference to their meaning and effect along with relating it to above cases..........................................................................................................42.3 Evaluating the effect of expressed and implied terms...............................................................5M1 Is the exclusion clause valid and why.......................................................................................5D1 Evaluating that the exclusion clause are always valid, regardless of when introduced to a contract.............................................................................................................................................5Task 3....................................................................................................................................................64.1 Advising Brad if he can recover his losses from Charles with applying the elements of tort of negligence and stating the possible defences from different cases..................................................63.1 Contrasting the way in which nature of liability in contract differs from the nature of liability in tort................................................................................................................................................63.2 Explaining nature of liability in negligence with reference to “Donoghue v Stevenson 1932”6M2 Meaning of strict liability in tort with reference to “Ryland v Fletcher 1868”.........................7Task 4....................................................................................................................................................74.2 Discussing if Bill is liable of negligence and if XYZ Dairies can be held vicariously liable ..73.3 Explaining when businesses are and are not vicariously liable for the wrongs of employees..8D3 Meaning of occupier's duty of care to visitors...........................................................................8Conclusion............................................................................................................................................8References ...........................................................................................................................................92

INTRODUCTION Aspects of contracts showcases all the elements that are mandatory to consider whileentering into any contracts. Legal and authorized facets should be taken into account by thecontractual parties when they develop contract for any specified purpose (Zoll, 2012). The presentresearch study has been made on different aspects and case studies which depicts the relevancy ofdiverse concepts of contracts. Discussion has been made regarding occupier's duty of care alongwith the thought of vicarious liability. Difference between tort liability and contractual liability isalso mentioned in the present study. TASK 11.1 Essential elements required for the formation of a contract and explain the importance The major elements lies in a valid contract are offer & acceptance, consideration, legalobligation and intention of legal facts. Offer and Acceptance: While developing any legal contract, one party is entitled to offer toanother party. Along with this, the actual purpose of contract starts when other party givesacceptance to the offerer (Wishart, 2012). Consideration: Proper consideration should be given by both the parties in respect of theoffer because then only, legal contract can be developed. Collins v Godfrey gives theappropriate definition of consideration. Intention for legal purpose: While developing any contract, it is essential for the parties toshowcase the intention of legal aspect through meeting all the aspects of the contract. Bothhave made direct offer to each other. Invitation to treatin the subsequent case scenario, 'Invitation to Treat' exists because Bill has offered a printingpress for £100,000 and Cathy wrote that she would buy it for £80,000 and then Bill replied that hewould accept it on £90,000. When he heard nothing from Cathy, he wrote that he would accept it for£80,000 (Whittaker and Zimmermann, 2000). First, he made counter offer and afterwards he madeanother offer to Cathy which states that he is not entitle to offer afterwards making counter offer.The case of Fisher v Bell is also an instance of invitation to treat.1.2 Discuss the main types of contract along with their impacts Face to face contract: Face to face contract is the one where in both the parties formulates acontract with mutual discussion and where they are legally entitled to consider each other'sviewpoints while determining the standards. Such sort of contract is more reliable in natureas it can be used for the purpose of showcasing evidence (Weiss, 2003). 3

Writtencontract: Written contract includes all the things in written and prior endorsing it,contractual parties have to diagnose if all the necessary terms and conditions are mentioned.For most of the business purposes, written contracts are developed because of its credibility.Distanceselling: Distance selling contract can be developed from diverse modes ofcommunication like as from telephones, emails and etc. This sort of contract is used at thetime when both the parties are unable to meet at specific place. Validity of such contract islimited for specific period. 2.1 Apply various elements of a contract held between Liza and Bill and Bill and Cathy The offer in the present case has been given by Bill for a printing press. This could be relateto the case approach of Bill who offered an office computer for £550 to Liza and the same morningLiza gave acceptance for the same. When Bill asked for the printing press, Cathy negotiated for theamount and at last, both come to £80,000 which shows that both the parties have givenconsideration for the printing press (Stark, 2003). Bill had made an offer first and after that hemade another counter offer by stating that he would accept it at the price of £90,000. This states thatafterwards developing counter offer, Bill is not entitled to make another offer. This showcasesinvitation to treat. In another case scenario, Bill wrote to Liza regarding the sale of office computerwhich is a situation of distance contract where in offer exists by Bill. They both can constructcontract when they will meet directly for the sale of office computer. Hence, both the cases havebeen showing diversified aspects of contract. D2 Explain promissory estoppelIn the laws of contracts, a promissory estoppel is intended to stop the promisor from denyingthe statements. This is a legal doctrine used as a legal system as it allows a part to recover on apromise. The reliance on the promise must be reasonable and the person trying to enforce thepromise must have to rely on the promise to their detriment (Poole, 2012). Thus, in clear terms, itcan be said that when a person makes a false statement to another and listener relies on thestatement which further causes damage to other, the promisor in the case is liable to pay for thedamages caused. Hence, in promissory estoppel, if one party promises something on any condition,then the party has to fulfill the promise and failure of such thing leads the defendant to pay for thedamages. DC Builders v Rees is another example of promissory estoppel. TASK 21.3 and 2.2 Analyze terms in contracts with reference to their meaning and effect. Relate it to above casesAs per the case approach, Joyce DiDonato entered into a contract with Royal Albert HallCompany; however she became ill five days before the opening; thus she did not perform for the4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
(DOC) Aspects of Contract and Negligence
|15
|5377
|174

Report on Case Study of Negligence Legislation
|13
|4241
|153

Aspects of Contract and Negligence of Business : Assignment
|10
|3621
|47

Aspects of Contract and Negligence for Business- Report
|12
|4138
|68

Negligence and Vicarious Liability Act - Report
|11
|3659
|146

Aspects of Contract and Negligence for business TABLE OF CONTENTS
|14
|5487
|293