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Aspects of contracts and Negligence for Business.

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Added on  2020-01-07

Aspects of contracts and Negligence for Business.

   Added on 2020-01-07

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Aspects of contracts andNegligence for Business
Aspects of contracts and Negligence for Business._1
Table of ContentsINTRODUCTION...........................................................................................................................3TASK1.............................................................................................................................................41.1................................................................................................................................................41.2 ...............................................................................................................................................51.3 ...............................................................................................................................................6TASK 2............................................................................................................................................72.1................................................................................................................................................72.2 ...............................................................................................................................................82.3 ...............................................................................................................................................8TASK 3............................................................................................................................................93.1................................................................................................................................................93.2..............................................................................................................................................103.3..............................................................................................................................................11TASK 4..........................................................................................................................................124.1 .............................................................................................................................................124.2..............................................................................................................................................13CONCLUSION..............................................................................................................................14REFERENCES..............................................................................................................................15
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INTRODUCTIONLaw is a body of rules and regulations which govern a society and control the behaviourof the people. It establishes a legal system that maintain the decorum of the people. It regulatethe rights and liabilities of the public to ensure the equality among themselves. There are variouslaw in a country which controls various areas. This report covers that parties making anagreement to transact the business by way of legal contract. There are various aspects of acontract which must be followed by the parties. There are various essential elements that makes acontract legally valid. It defines the liabilities of the parties and force to complete their contactlegally enforced by law (Amin, 2013). If any person has personal injury than Tort law governs tocompensate their loss. In many business scenario there are so many cases where a person suffersloss by the act of others. Where a person get success in his claim then other is liable to pay theinjury amount. There are rules of negligence where a person should the duty of care in his action.TASK11.1A person promise to another person to make a legal contract by defining the rights andliabilities of them (Anjum, 2011.). Parties to the contract should follow the elements to enforcetheir rights according to the law.ElementsDefinitionOfferA person gives his proposal to accept something or not byanother person. Eg A offer to sell his Mobile to B for £130.AcceptanceIt occurs when party accept the offer made by the offeror.Eg B give his acceptance to buy the Mobile for £130Intention to create legal relationsParties must have the intention to make the legal agreement.For eg. A friend offering to give his car for a ride then itdoes not consider a legal binding agreement (Asamoah andDecardi-Nelson, 2014). ConsiderationIt is a price paid between the parties after accepting theproposal. It can be monetary or in kind but not illegal. CapacityPersons should have enter into a contract with the sound
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mind and must attain the age of eighteen years to make avalid contract.Privity of contractThe parties to the contract can only sue each other toenforce their rights. Third party cannot sue only inexceptional cases to the contract.In this scenario Freddy gives an invitation to offer on an e-commerce website to sale TVfor £145. It is a general invitation to the public to accept the offer no one bound to accept thisoffer (Brown and Clinton, 2010). Layla gives his answer through e-mail that shows herwillingness to buy the TV £125. Freddy replied her that he would accept only with the originalprice £145. Further Layla didn't respond to accept on the same price. There is no agreementbetween the parties because she has not given his consent yet. Freddy replied to Layla that hewas accepting her offer for £125 but there is no clear consent given by the Layla. When both theparties give his consent to this offer in the same sense then it becomes a contract. In this caseFreddy and Layla has not accept the offer with the same sense. 1.2 Parties making various types of contract to transact their businesses. They must acceptthe terms of the agreement to make a valid contract (Brumund, 2011).Valid contract: Two persons agrees on certain terms by giving his consent on the agreement.They follows the guidelines to transact in the business that is enforceable by law.Face to face contract: In this contract it is agreed by parties to make a contract throughconversation. It is verbal contract where parties gives his consent by expressing in words. Thereis no evidence of the acceptance of the offer and it creates breach of contract also.Distance selling contract: It is a type of contract for supply of goods and services through variouscommunication mode via advertisement on internet, e-mail, mobile and TV etc. Here partiesmaking the sale and purchase by accepting through various online website. Albert wants topurchase shoes for him through amazon (Burnham, 2014). He order Puma shoes through amazonto deliver at his address by choosing payment method.Bilateral contract: Where both the parties agree on the mutual promises to perform their actions.It includes two sided promises between the parties that gives consideration by the party. Here isan example ofScammell and Nephew v Ouston [1941] AC 251 court held that there was no
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