Tort Law and Vicarious Liability
Added on 2020-02-24
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Running head: CONTRACT AND TORT LAWContract and Tort LawName of the studentName of the universityAuthor note
1CONTRACT AND TORT LAWTable of ContentsTask 1.1............................................................................................................................................2Task 1.2............................................................................................................................................3Task 1.3............................................................................................................................................4Task 2.1............................................................................................................................................4Task 2.2............................................................................................................................................5Task 2.3............................................................................................................................................6Task 3.1............................................................................................................................................7Task 3.2............................................................................................................................................8Task 3.3............................................................................................................................................8Task 4.1............................................................................................................................................9Task 4.2..........................................................................................................................................10References......................................................................................................................................11
2CONTRACT AND TORT LAWTask 1.1 1.Offer and acceptance: offer and acceptance are the primary actions which are mandatoryfor contract formation. A contract is legally binding agreement therefore only when theparties to it want to bind each other. An offer has to be complete or else it is treated as aninvitation to the offer. An acceptance has to be made in accordance to the offer and has tobe communicated except in certain circumstances. These circumstances can be in case ofa unilateral contract as provided by the case of [ CITATION Err52 \l 1033 ].2.A consideration is an act or omission which one party is willing to do in return of thepromise to be executed by the other party. A consideration has to be present in thecontract even if it is not fair or adequate. Without a consideration a contract cannot bevalid. An existing duty cannot be regarded as a consideration. 3.A contract is formed between two parties and the parties to the contract have to becapable to enter into the contract. For the purpose of being capable a part must not be aminor. However minors can enter into a few contracts such as that of necessity. A personof unsound mind cannot enter into a contract when he in an unsound state. Howeverwhen the person is normal he has the capacity to enter into a contract. A contract withoutcapacity is void. 4.Consent in a contract has to be free. This means that the consent in relation to the contractmust not be obtained from any kind of misrepresentation, coercion, undue influence orfraud. If the consent of a party is obtained through any of the above discussed ways thecontact is voidable on the part of the party whose consent has been obtained in an illegalmanner.
3CONTRACT AND TORT LAWTask 1.21.Bilateral contract- mostly contract are bilateral in nature and they are the most basic formof contract. The contract requires an agreement between at least two people. This type ofcontract requires an offer to be made to specific person or group and the acceptance offwhich has to be duly communicated to the offeror. The example of a bilateral contract hasbeen provided in the case of[ CITATION MPB99 \l 1033 ]. A unilateral contract on the otherhand is different from the bilateral contract. The contract involves actions which have tobe undertaken by only one person or group. This form of contract allows a single personor group to make an agreement or promise. One of the best examples of a unilateral offerand acceptance has been provided in the case of [ CITATION Car92 \l 1033 ]2.In the assignment related to Macy, Diana and Christina a contract has been formedbetween both Macy and Christina and Macy and Diana. The contract with Diana has beenformed according to the postal rule and the contract with Christina has been formednormally through proper offer and acceptance. In this scenario both the parties to thecontract have the right to make a promise or agreement as provided by the words of theoffer made by Macy. Thus under the given circumstances it can be provided that bilateralcontract has been formed between Macy and Christina and Macy and Diana. The contractwhich has been formed between Williams and Anson is also a bilateral contract as boththe parties are allowed to make an agreement or a promise In relation to the contract andthe contract required proper communication of offer and acceptance.
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