Aspect of contract and negligence Assignment
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Added on 2019-12-03
Aspect of contract and negligence Assignment
Added on 2019-12-03
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Aspects ofcontract andnegligence
TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................31.2 Essential elements required for the formation of contract and description of invitation totreat..............................................................................................................................................31.2 Description of different types of contract along with their impact........................................42.1 Applicability of essential elements of contract in the given case scenario............................5Task 2...............................................................................................................................................61.3 and 2.2 Analysis of contractual terms with reference to their meaning and effects..............62.3 Evaluation of impact of expressed and implied terms...........................................................7Task 3...............................................................................................................................................84.1 Advice to Brad for recovery of losses and provisions of defences in negligence.................83.1 Contrast liability in tort with contractual liability..................................................................83.2 Importance of case of Donoghue V Stevenson in development of concept of duty of care..9Task 4.............................................................................................................................................104.1 Negligence liability of Bill and vicarious liability of XYZ diaries.....................................103.3 Vicarious liability of business..............................................................................................11Conclusion.....................................................................................................................................11References......................................................................................................................................122
INTRODUCTIONContract and negligence law is crucial part of English civil law as it provides descriptionregarding standard guidelines for individuals for fair conduct. These guidelines are mandatory tobe followed by individuals else they will be held liable to provide damages for non-satisfactoryperformance (Tomprou and Nikolaou, 2011). Present study is based on description of contractand negligence legislation. In this report description will be provided regarding essentialelements, types and terms of contract along with the suitable case example. Further, negligencelaw will be explained by considering its basic principles. By considering the describedprovisions, justified recommendation will be provided to the given case scenario. In addition tothis, provision of vicarious liability will be explained to define third party negligence. For betterunderstanding, previous case law will be cited in case explanations. TASK 11.2 Essential elements required for the formation of contract and description of invitation to treatContract is a legal agreement formed between two or more parties for the completion ofdescribed promise by them. For the formation of valid contract, following elements are requiredto be considered by contracting parties-Offer – In order to create valid contract, offer must be definite and it should clearly statesabout the proposed performance (Taylor, 2011). By considering this aspect, it can be saidthat request for proposals, letters of intent, expression of intention and ball parkestimation will not be considered as offer. Acceptance – It can be termed as consent of party to whom offer was provided.Acceptance can be only provided to the offered aspect (Rosly, 2010). Thus, acceptancesupported by condition or modification will not be valid and it will be treated as counteroffer.Consideration – For the formation of binding contract, it must be supported by valuableconsideration. It is not required to be at arm length price but it must be of some value inthe eyes of law (Marsh and Soulsby, 2002).Consent – In accordance with the Section 14 of business law, consent of parties must notbe supported by following factors:3
▪Coercion▪Fraud▪Undue influence▪Mistake▪CoercionContract created by parties will not be enforceable by law if it is not supported by free consent.Intention of legal capacity – Contracting parties must have intention to enter into a legalrelationship for fulfilment of promises (Goldman, 2013). Intention of legal capacity is notrequired to be expressly stated by parties as it is presumed by English law.Invitation to treatInvitation to treat does not have legal implication of offer because it is merely adeclaration of willingness to enter into a negotiation for contractual relationship. Due to thisaspect, response of invitation is offer not acceptance (Gillies, 2004). In addition to this, invitingparty is entitled to accept or reject the offer given by other party. In the given case description,advertisement by Bill is an invitation for the sale of printing press. 1.2 Description of different types of contract along with their impactIndividuals and business organizations can select different forms of contract in order tocreate contractual relationship. Different types of contract have different impact on thecontractual obligations of parties. Description of different types of contract along with theirimpact is enumerated below:Unilateral contract – It is one sided contract in which only offeror is bounded to provideperformance in contract. In such contract, offer is provided in general in which each partyis entitled for acceptance but they are obliged to perform (Pesqueux, 2012). For thisaspect case of Carlil v Carbolic smoke ball can be considered. Bilateral contract – In bilateral contract, both parties are obliged to provide performanceto fulfill promises made by them (Olander and Norrman, 2012). It is because; there is4
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