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Aspects of Contract And Negligence for Business TABLE OF CONTENTS INTRODUCTION 3 TASK 13

   

Added on  2021-01-02

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Aspects of Contract And Negligence for Business

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Importance of essential elements of contract..................................................................31.2 Impact of unilateral and bilateral contracts.....................................................................41.3 Analysing the way exclusion clause becomes incorporated into a contract...................5TASK 2 ...........................................................................................................................................62.1 Applying the elements of a contract to the agreement between Colin and Moran and Colinand Jason................................................................................................................................62.2 Exclusion clause in the contract .....................................................................................72.3 Applying the Consumer right act 2015 To the Exclusion clause....................................7TASK 3............................................................................................................................................83.1 Contrasting the differences in the legal relationship between parties in tort law and partiesin contract law. ......................................................................................................................83.2 Identifying the things required in establishing each of the requirements of negligences83.3 Identifying the things required of vicarious liability.....................................................10TASK 4 s........................................................................................................................................104.1 Applying the rules of negligence ..................................................................................104.2 Applying the rules of vicarious liability ........................................................................11CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12

INTRODUCTIONA contract is defined as legally binding promise which can be formed orally or inwritten by one party with the purpose of developing legal relation. The important elements ofvalid contract are offer, acceptance, consideration and intent to create legal relations. Contractlaw in United kingdom is defined as a body of law which regulates contracts in England andWales. It is essential for party to make an offer and another person to accept the same. Objectiveof contract law is to allow both parties to gain equal benefit from agreement. It also providesparties with remedies in case of breach for contract. It is very much important for parties to fulfiltheir roles as well as responsibilities as per the terms and condition in the contract. Purpose of report is developed understanding about contract law in United kingdom. Italso has emphasizes on identifying the important element of valid contract.TASK 11.1 Importance of essential elements of contract A contract law governs the agreement between private parties. There are variouselements which are required to be considered by parties before entering into a legally bindingcontract. As per the contract law in United kingdom, if all elements as per the contract law arenot fulfilled in such a case or situation parties does not have the right to sue other person fornot fulfilling the roles as well as responsibilities as per the terms or condition in agreement. It isvery important for parties to fulfil all the requirement when entering into contract , so that theycan execute their rights when required (Draper and Newton,s2017). Two persons in order toenter into a valid as well as legally binding contract has to show their agreement about an offeror proposal presented by other party. The several elements of valid or legally binding contractare:Valid offer : As per the contract legislation in United kingdom, an offer can be definedas a promise to act or refrain from acting, which is made in exchange for a return promise to dothe same. There are few types of offers which expected to be performed by the parties in order toget various benefit in exchange (Weber, 2017). For instance , an offer or proposal for paintingthe house is given by an individual to painter.

Acceptance :It is the very important element which is required to be considered byparties if they have intention or purpose to enter into legal relationship. For instance , if a personhas presented an offer to painter for painting the house , then same should be accepted by thepainter. If both the parties are agreed with the terms and condition they can enter into legallybinding contract.Acceptance is the very important element which is required to be considered byparties if they have intention or purpose to enter into legal relationship. For instance , if a personhas presented an offer to painter for painting the house , then same should be accepted by thepainter. If both the parties are agreed with the terms and condition they can enter into legallybinding contract.Considerations : In order to form legally binding statement , both the parties in contractshould be aware about all terms and condition in agreement. For instance , painter and personwho has presented the offer should be aware about all the conditions (Stevens, 2017). Intention to create legal relation – It is very important that both the parties should haveintention or purpose to enter into the legally binding contract. It is very much crucial for parties to fulfil all conditions in order to enter into a validcontract , as is in case contract conditions are not met it is possible to terminate writtenagreement and seek compensation or damages.1.2 Impact of unilateral and bilateral contracts.A unilateral contract is defined as an agreement which is created by an offer than canonly be accepted by performance. Such type of contract can be develop[ed by one party byexpressing proposal which should state that the offer can only be accepted directly byperformance. Unilateral contract can be considered to be as one-sided. In Unilateral agreements'offeror, makes a promise to pay certain amount of money in exchange for an act.A bilateral agreement is defined as mutual arrangement between two parties whichpromises to perform an act.As per the contract law, both unilateral as well as bilateral written agreement have directas well as significant impact on interest of parties. In context of unilateral contract, promise ismade by parties in certain conditions (El-Gendi, 2017). In context of unilateral contract, offereeacts on the offerors promise, an individual who present proposal is legally obligated to fulfill thecontract. In informal unilateral contract both the parties can not file law suit again each other, asthere is no agreement in written.

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