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Aspects of Contract & Negligence for Business (Doc)

   

Added on  2019-12-03

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Aspects of contract and Negligence
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Benefits of essential elements of contract.............................................................................11.2 The impact of different type of contracts..............................................................................21.3 Terms of Contract..................................................................................................................32.1 Impact of different type of contract.......................................................................................42.2Case of Adam and Brain........................................................................................................42.3 Applying the elements of contract in the case of local council and Barry............................5TASK 2............................................................................................................................................53.1 Difference between contractual liability and misconduct liability........................................53.2 Explaining the nature of liability according to the case of Ben and Regent hotel.................63.3 Ways by which business can be help vicariously liable........................................................64.1 Tort of Negligence.................................................................................................................74.2 Elements of Tort Negligence, defenses and Vicarious Liability...........................................7CONCLUSION................................................................................................................................8REFERENCES...............................................................................................................................9
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INTRODUCTIONContract is referred to the agreement between two individuals that binds them in thelawful manner and creates the legal obligation on them. To have relational construct in the legalmanner, the formal piece of paper ratified by both the parties are necessary. The evidence or thelegal proof is required at the time of formal agreements such as at the inception of businesspartnership or during the transaction of goods and services is made. The contract is signeddefining different clauses of the deals and partnership and the projected benefits accruing to boththe parties. The report outlines different type of case scenarios. Further, the report elucidates thesubjects that are linked with the contracts or legal agreements (Treitel, 2002).TASK 11.1 Benefits of essential elements of contract The intimate knowledge of the core components and the basic elements of contract areprerequisite for the individuals to form the precise and valid contract (Clarke, 2015). Thecontracts which do not inculcate these basic elements, is considered invalid and is not taken intoconsideration on the legal grounds. With respect to the given context, the essential elements ofthe contract are explained in detail and in the contextual manner.Offer: In order to get into a formal agreement, it is the initiation phase of the contractfrom the one party to the other. The law offer is the kind of commitment or the promisemade on part of both the parties to abide the clauses and rules in exchange of doingsomething. But along with this, it also empowers the parties to revoke the contract signedby both the parties (Sutton, 2010).Acceptance: The validating step is the acceptance of the contract by the second party thatwas proposed by the former one. It signifies that the second party is willing accepting allthe clauses and terms-conditions mentioned in the contract. If the second party does notaccept the offer, the contract initiated by the first party is not considered valid.Intention to enter into the legal agreement: The third and the most crucial element of thecontract is the intention of the parties to enter in the agreement. If any of the partydisagree with the further procedures, the contracts get nullified and is considered invalidon legal grounds. The resistance from any of the party to enter into the legal relationshipwill make the contract void (Stone and Devenney, 2013).1
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Consideration: Consideration refers to the naming of the agreement in the formal and thewritten form. According to the given context the step Considerations is the crucial one inregard with the framing of contract. Effective consideration has to be made by the mutualdecision making of both the parties aspiring to get into the agreement and contract. If theproper consideration is not made, enforcing the contract and agreement becomes difficulton both the parts (Koffman and Macdonald, 2010).For the validation of the contract and agreement, the above three steps are essentialelements and need to be fulfilled in the legally prescribes procedure and manner. The violation ofany of the stage hinders the proceeding for the formation of contract.1.2 The impact of different type of contractsThere are varied types of laws that possess different meaning and the consequences onthe parties that getting into the contract and legal agreement. Further, the imposition of differentcontracts depends upont the situation on which it is to be used and in what context. In this regard,different types of contracts are explained below depicting their respective implications:Unilateral contract: The type of agreement or contract in which the one party made thecommitment to the other party to do something with respect to the fulfillment of certainspecified condition (Howells, 2011). The other party holds full authority to accept orreject to perform as per the commitment made by the former party. For instance, in 1983the Carlil and Carbolic Smoke Ball Company made promotional advertisement for themedicine. The company has made the statement that it will pay the reward of 100 euro'sif the customer suffer from flue using that medicine and that open offer made by thecompany Carlil and Carbolic Smoke Ball is accepted by the opposite party Carlil. Onusing the medicines the customers got flue and in that condition the former company whomade the statement to offer the reward was bound to pay it to Carlil (Contracts. 2014).On the contrary, the contract could be revoked in case the customer did not get flew orhas not performed it. However, the cited company Carlil has acted according to thecommitment made and the advertisement and the offer can not be revoked on anygrounds.Bilateral contract: In this type of agreement or contract both the parties are supposed toexchange the promises. The commitment for the task is made on both the parts. Both theparties making promises or commitments are accountable for their acts that are to be2
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