Aspects of Contract & Negligence for Business Report
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Added on 2020-07-22
Aspects of Contract & Negligence for Business Report
Added on 2020-07-22
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Aspects of Contract &Negligence for Business
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................41.1 Explaining various elements that are highly required for contract formation.......................41.2 Discussing the impact of different types of contracts............................................................51.3 Analyzing different contractual terms with their effect.........................................................5TASK 2............................................................................................................................................72.1 Applying the elements of contract in the context of given scenario......................................72.2 Implementing law terms in the context of following cases...................................................72.3 Evaluating the effect of different terms in the given cases....................................................7TASK 3............................................................................................................................................83.1 Explaining the similarities and differences pertaining to liability in tort with contractualliability.........................................................................................................................................83.2 Assessing the manner in which liability for negligence arises and the conditions needed tobe met by claimant for proving negligence.................................................................................83.3 Defining vicarious liability the manner in which organization becomes liable for the same9TASK 4..........................................................................................................................................114.1 Applying the elements of the tort of negligence and defenses under present situation.......114.2 Application of the elements of vicarious liability................................................................12CONCLUSION..............................................................................................................................14REFERENCES..............................................................................................................................16
INTRODUCTION English contract law may be served as a body of law which is involved in the activities ofregulating legal bindings takes place in England and Wales. Contract refers to the legal bindingexists between the two parties and enforceable by law. Hence, contract occurs when two partiesagree to perform specific activities mentioned in agreement. Contract law is highly significantwhich in turn offers protection to the innocent party in against to the undesirable activitiesperformed by other. Moreover, without having specific laws and legislation innocent parties canclaim or take action in against to the defendant party. The present report is based on differentcase scenarios which will shed light on the essential elements that must be present in contract.Besides this, report will develop understanding about the contractual terms and conditions.Report also depicts the extent which liability in tort and contractual liability differs from eachother. Along with this, report also entails the elements associated with negligence and vicariousliability.1.1 Explaining various elements that are highly required for contract formation Contract may be defined as a voluntary, deliberate and legal binding agreement whichtake place between two or more parties. For the existence of contractual relationship, concernedparties need to satisfy or fulfill following aspects: Offer and acceptance: As per contract law, offer and acceptance is the mainrequirements that parties to a contract must meet. On the basis of such element, one partysuch as offeror makes an offer in front of other, known as offeree, regarding purchasingor selling aspect (Offer and acceptance, 2018). Hence, contractual relation is formedwhen offeree accepts the offer made by offeror. However, referring the case of Fisher vBell, it can be said that offer and invitation to treat differs from each other significantly. Consideration: Lawful relationship can be developed when it contains legalconsideration that has some values in the eye of law as per the case of Thomas v Thomas(1842) (Contract consideration,2018). However, consideration excludes promisesregarding love and affection, gaming and betting etc. Mutual consent of parties: For the legal binding and contractual relationship it is highlyrequired that both the parties agree upon the contractual terms and conditions.
Parties must be competent: Contractual parties also need to ensure that they are major,having sound mind and not disqualified by any law. Intention to create legal obligations: This is one of the main requirements of validcontract that must fulfill for the development of a valid contract (Ayres, 2012). On thebasis of such element both the concerned parties must have an intention in relation toconduct legal proceedings if one party makes default in performance. 1.2 Discussing the impact of different types of contractsFace to face: It may be served as a verbal contract in which legal bindings or agreementsare created by the parties through face to face communication. In other words, it can bementioned that under face to face contract all the conditions are discussed and agreed bythe parties verbally (Marks, Marks and Jackson, 2013). However, such type of contractlacking evidence and thereby creates difficulty in front of innocent party in relation toproving the fault of defendant. Written contract: Such type of contract implies for the one on which all the terms andconditions are mentioned in written format. Along with this, written contracts are signedby the concerned involved in the same. Written contracts are highly prominent which inturn provides security or protection to the innocent party over defendant (Hagenhoff andet.al., 2014). Moreover, in this, plaintiff has proof to present the condition of breach andothers in front of judiciary authority. Distance selling: It refers to the one that are formed through the means of telephone,video conferencing, fax, e-mail etc. Distance selling contracts occur when concernedparties reside in varied cities. Under distance selling contract, concerned parties have todepend on effectualness of electronic equipments. Hence, any breakdown or fault in theequipment will closely impact the aspects of offer or acceptance and thereby overallbindings. 1.3 Analyzing different contractual terms with their effect Condition: UK contract law presents that condition is the major term of legal binding oragreement. By taking into account the case of Poussard v Spiers (1876) it can bementioned that when breach of condition occurs then innocent party can claim for thedamages and repudiate the contract.
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