Aspects of Contract and Negligence
Added on 2019-12-04
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Aspects of Contract andNegligence
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Importance of the essential elements required for the formation of a valid contract............11.2 The impact of different types of Contract.............................................................................21.3 Analysing the contractual terms with reference to their meaning and effect........................3TASK 2............................................................................................................................................32.1 Applying the elements of contracts in given case scenario...................................................32.2 Applying the law on terms in different contracts..................................................................42.3 Evaluating the effect of different terms in given case scenario............................................5TASK 3............................................................................................................................................53.1 Contrasting the nature of liability in ' Contract' with the nature of liability in 'Tort'............53.2 The nature of liability in Negligence....................................................................................63.3 Examining the vicarious liability of a business organisation................................................6TASK 4............................................................................................................................................74.1 Applying the elements of the tort of negligence and defences in the given case scenario...74.2 The elements of vicarious liability in the given situation.....................................................8CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTIONThe present era is highly influenced by tough competition in the business and corporateenvironment. The importance of agreements and contracts plays a significant role in the tradingactivities which assist the companies to get their work done in a systematic and appropriatemanner. With a view to maintain competitive and winning edge in the global corporate world, itbecomes a mandatory phenomenon for all organisations to highly comply with the legal andregulatory framework in an effective way (Cameron, 2015). To do so, they engage themselves inboth written and formal contracts which bides the parties in a legal structure. However, in orderto compensate the individual for accidental issues and injuries, negligence is considerablyincreasing into the vital part of the present economy. In lieu of such context, the present reporthighlights the crucial aspects of contract and negligence in the business environment. It will helpto gain an insight understanding about the theoretical concepts of contracts along with itspractical application in the global corporate world. TASK 11.1 Importance of the essential elements required for the formation of a valid contractA contract can be defined as a legal agreement that bides two or more parties in aregulatory framework. It includes the promises and rights which constitutes a legal relationshipbetween the parties thereby giving them a lawful obligation to either do or not do a peculiarthing. The essential elements required for the formation of a valid contract are explained asfollows-Offer- It is a term of agreement which clearly and precisely dictates the essential normsand conditions of the contract to the offeree and demands suitable consent from both theparties (McKendrick, 2014). It is a legal statement on which the offeror is bound on hisstatement to the offeree. By reading the case ofHarvey v Facey (1893), offer can beunderstood in the best manner.Acceptance-It is defined as an aspect of willingness and desire to perform the duties andresponsibilities of the contractual relationship. It reflects an unconditional consent whichis communicated to the offeror by the offeree with the intention of accepting such offer.Moreover, acceptance can be understood in better way by referring to case of Brogden v.1
Metropolitan railway Co. (1877). The case states that they both did not have any contractbut coal were received continually. The acceptance in this case was without the priorcommunication.Consideration- With a view to attain guarantee on a systematic basis, it is essential tohave the aspect of consideration. It is described as a value which is given by both thelegal parties in the form of cash, property and administrations. For understanding theconsideration in detail, case of Re McArdle 1951 can be reviewed in effective manner.Mutual consent- The most important aspect of a valid contract is mutuality between boththe parties. It refers to have a mutual acceptance of the legal terms and conditions of thecontract which bides both the parties in a contractual relationship. This topic can beunderstood by considering the Balfour Vs Balfour (1919) case where scenario of husbandand wife is given.Failing of all the above aspects will lead the contract void and as a result the contact willcome to an end significantly (Four Essential Elements of a Contract, 2015). 1.2 The impact of different types of ContractThere are tremendous types of Contract which helps the UK entity and individuals toeffectively deal with the parties in the light of either getting the things done in an appropriatemanner or not getting the particular thing done again (Nijem and Galpin, 2014). Such crucialcontract that lay a significant concern over the individual's activities or overall businessperformance are explained as follows-Express Contracts- Such contract clearly states the essential terms and conditions of theagreement in either oral or written mode. This is acknowledged by the offeree in such amanner that clearly demonstrates his/her consent to the conditions and terms of thecontract. Express contract creates a significant impact on both the individual and businessparties. It clearly dictates the crucial conditions, terms and policies of the contract,therefore there exist no chance of misbehaving or misrepresentation in the performanceof the contractual activities. Express contracts can be understood by referencing to thecase of Thomas Vs Thomas (1842).Implied Contracts- It reflects such contracts where there exist an implied course ofaction. Such contracts are not dictated in written or oral terms but are assumed to have2
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