Aspects of Contract and Negligence in Business

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Added on 2019-12-03

Aspects of Contract and Negligence in Business

Added on 2019-12-03

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Aspects of Contractand Negligence inBusiness

TABLEOF CONTENTSIntroduction................................................................................................................................3Task 1 (LO1)..............................................................................................................................3Task 2 (LO2)..............................................................................................................................4Task 3 (LO3) .............................................................................................................................7Task 4 (LO4) .............................................................................................................................8Conclusion..................................................................................................................................9References................................................................................................................................10

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INTRODUCTIONThis report is all about contract and its usage. How to deal with a contract, elementsof contract, what can be done in case of negligence, vicarious liability, elements ofnegligence is briefly discussed in this report. This report is based on the analysis made out offour case studies as given in the question. All the case laws are studied well and then thefindings related to the respective case laws are discussed in this report. In this report all thecases given deals about different aspects of contract and negligence in business (What IsNegligence and How Do I Defend against a Negligence Claim? 2014). It has discussed theelements, nature, and type of contract. Here the case describes about how contract and merecarelessness can affect the parties involved.It is stated in the cases that how non reading of contract can cause trouble for theparties and how can we get over it. This report explains about the options available in law incase of misrepresentation and what are the provisions which protect the persons in thecontract. All the measures the plaintiff can take in case of fraud, misrepresentation, or anyundue influence. This report gives a brief idea about how to deal a contract and what acontact actually is. TASK 1 (LO1)All the contracts are based on some main elements and they are to be fulfilled tocomplete the contract and bind it legally. Main elements of a contract are Agreement, Offernarrates willingness, Acceptance which is unconditional adoption of the agreement offered.Contract is also based on consideration and it is presumed that it contains the elements oflegality. Contract can be in any form simple written or any deed. Every agreement is a validcontract and its validity can be challenged due to several factors such as misrepresentation, itmakes the contract voidable and can be accessed future only if the acceptor wishes. Mistakesmake the contract void and cannot be accessed; duress and undue influence make the contractvoidable. If the contact consists of any illegal issues then the contract is considered void(Occupiers Liability. n.d).In the given situation advertisement given by “XP Word” will be considered asunilateral offer by them which can be accepted by any one. On the basis of advertisementJames wait outside the shop for whole night to avail the offer given by “XP Word”. In themorning “XP Word” deny to perform by saying to James that you should be sensible enoughto not to rely on such kind of advertisement. 3

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This is a clear case of misrepresentation as the company just in order to increase theirprofits cannot misguide the public and are not allowed to publish such fake advertisements(Defences to Negligence. 2014). Customers are the liability of business and misguiding themor cheating them is considered to be unethical and is against the law and thus in this caseJames has the right against the company as the offer is voidable he can file a suit against XPWord for publishing such misguiding and fake advertisements (Negligence. 2014).An offer is a statement showing willingness. Any statement which is definite andcapable of being accepted by offeree is considered as offer. An offer may be implied orexpress, may be made to a single person, group or the entire world. It is communicated welland effectively then it is an offer. In the above case company gave a statement which waseffectively communicated and was capable of being accepted and hence was offer and XPWorld cannot deny on this fact (Weiss, 2003).In the above case James understood the option accepted it and communicated well hisintentions hence, the acceptance was made. Thus this was a contact between XP world andJames. And thus in the given case study James has full right to take legal action against thecompany for misrepresenting the facts and giving wrong information to public (Zoll, 2012).James can file a suit against the company relating to fraud and misrepresentation. In this caseit is presumed that the parties are intended to get into the legal aspects of the contract unlessstated otherwise. “XP Word” has given unilateral offer which was accepted by James hastheir legal obligation on the parties to give performance. “XP Word” cannot deny doing so. In order to make a valid contract parties to a contract must fulfil all the essentialswhich are required to form a valid contract. As per the case scenario XP world had madeadvertisement in the newspaper in relation to selling of computers. On the basis of thisaspect, XP world had made offer to the general public at large. Thus, it is recognized asunilateral kind of offer in which one party make promise to another without taking consent ofhim. By going through such advertisement James had made decision about the purchasing ofcomputer for £ 2.00. James was from one of the five customers who expressed their feelingsin relation to the purchase of computers. Thus, there is both offer and acceptance are available so it is considered as a contract.Besides this, on the basis of unilateral offer XP world has the obligation to fulfil the promisewhich is made by him. In addition to this, consideration is also present in this contract interms of money such as £2.00. Along with it, both the parties having the intention to createthe legal obligation. Offer and acceptance clearly reflects such aspects. Thus, all theessentials are present in the contract so it is termed as a valid contract. Thus, James has the4

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