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Aspects of Contractual and Tort Law

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Added on  2019-12-03

Aspects of Contractual and Tort Law

   Added on 2019-12-03

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Aspects of Contractual and Tort Law_1
TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................31. Essential elements required for formation of valid contract....................................................32. Different types of contract and its examples............................................................................43. Contractual terms that can be included in valid contract.........................................................5Task 2...............................................................................................................................................61. Applicability of provisions of contractual law.........................................................................62. Report on impact of terms to the owner of Hair UK...............................................................6Task 3...............................................................................................................................................71. Differences between contractual and tort liability...................................................................72. Concept of duty of care and neighbor principle.......................................................................83. Description and applicability of provisions of vicarious liability............................................8Task 4.............................................................................................................................................101. Applicability of principles in negligence...............................................................................102. Applicability of defences in negligence and provisions of vicarious liability.......................10Conclusion.....................................................................................................................................11References......................................................................................................................................122
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INTRODUCTIONContract and negligence law is developed for the governance of commercial transactionsand to provide guidance for applicability of standard obligations. Contractual law is applied insituation where agreement is created by mutual consent while negligence law is imposed insituation where parties are strangers to one another (Mann, 2002). Present project report iscomprises of description of various provisions of contract and negligence. Described provisionswill be applied to the case situation in order to provide valid conclusion. In this report previouscase precedents will be used for better justification of case analysis. TASK 11. Essential elements required for formation of valid contractAll the agreements formed by the individuals do not have legal enforceability due toabsence of required essential elements. In order to create valid contract, parties are required toinclude following elements-Offer and acceptance- An agreement between parties is created by proper offeracceptance. Offer is a proposal given by one party to general public or to a particularperson. Invitation to treat cannot be treated as offer because it is only an expression toshow intention for creation of contractual relationship. On the other hand acceptance isconsent provided by the party to whom offer was made (Elements of Law of Contracts,2012). Acceptance by the party must not be provided along with a condition or majormodification it is because it will be considered as counter offer. Consideration- Consideration can be termed as mutual benefit for which parties enterinto contractual relationship. It must have some value in eyes of law (either monetary ornon-monetary) but is not mandatory that it should be at arm length price.Intention- Parties entering into contractual relationship must have intention to insert legalobligation for the completion of promise made by them (Watt, 2007). This element is notexpressly shown in agreement as intention of parties is assumed clause.Capacity- Contract attracts legal duty for the fulfillment of promise thus parties enteringinto this relationship must be capable to do so. In this context, they must not have any ofthe disqualification-3
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MinorityInsanityLunacyRestriction by lawDoctrine of privity- In accordance with this doctrine third party will not be entitled to suecontracting parties for the non-satisfactory performance provided by them.Case factsAs per the described case situation, James had provided advertisement for the sale ofcamera. By considering the advertisement, Maria approached James for the purchase of camerabut in lower price i.e. £45. However, James denied for the sale in reduced price. Further, he didnot receive any other offer so he agreed to sell camera to Maria at £45.Legal provisionsIn the described scenario, invitation to treat was given by the James to invite other partiesto provide offer for the purchase. Further, offer was given by Maria for purchase camera at £45but on this counter offer was given for the sale at £55. Due to absence of offer by another partyJames had provided acceptance to the previous offer of Maria.Validity of contract By considering the provisions of English law, previous offer is said to be canceled ifcounter offer is provided by offerree. As a consequence, offerree is not entitled to provideacceptance on the previous offer. Henceforth, acceptance of James is not valid in this case. 2. Different types of contract and its examplesContracting parties are entitled to select suitable form of contract in accordance with theirconvenience and their requirements. Each contract has different impact on the relationship ofparties. Description of different types of contract and its examples is enumerated as below-1.Written contract- This is the most formal form of contract and generally selected bybusiness entities. In this type of contract, contractual deed is formed for the description ofterms and obligations (Platz, 2007). This deed act as legal evidence in future in order toprovide damages to the innocent party. In some agreements written form of contract ismandatory such as sale of immovable property. 4
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