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Contract and Negligence

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Added on  2020-02-05

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Aspect of contract and negligence INTRODUCTION 3 TASK 1 3 Essential contract elements 3 Impact of different types of contract 4 Contract terms, meaning and their impact 5 TASK 2 5 Application of contract elements in given case scenario 5 Apply the law on terms in different contracts 6 Evaluation of effect on different terms of law 7 TASK 3 7 Contrast liability in tort with contractual liability 7 Explaining the nature of liability in negligence 8 Vicarious liability of a business 9 TASK 4 9 Apply the tort

Contract and Negligence

   Added on 2020-02-05

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Aspect of contract andnegligence`
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Table of ContentsINTRODUCTION.......................................................................................................................................3TASK 1.......................................................................................................................................................3Essential contract elements......................................................................................................................3Impact of different types of contract........................................................................................................4Contract terms, meaning and their impact...............................................................................................5TASK 2.......................................................................................................................................................5Application of contract elements in given case scenario..........................................................................5Apply the law on terms in different contracts..........................................................................................6Evaluation of effect on different terms of law.........................................................................................7TASK 3.......................................................................................................................................................7Contrast liability in tort with contractual liability....................................................................................7Explaining the nature of liability in negligence.......................................................................................8Vicarious liability of a business...............................................................................................................9TASK 4.......................................................................................................................................................9Apply the tort of negligence and defences...............................................................................................9Apply the elements of vicarious liability...............................................................................................10CONCLUSION.........................................................................................................................................10REFERENCES..........................................................................................................................................12`
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INTRODUCTIONAs per the law, contract is a voluntary but legal contract between two or more competentparties on specific terms and conditions. In every contract, both the parties promise each other todo something in return for the valuable benefits that they receive from other person. It must benoted that all the agreements are not necessarily form the contract, but agreement that isenforceable by law is called contract. Offer and acceptance, intention to create legal relationshipand consideration are the most important elements of a contract, may be in different forms likeoral, written and others. The aim of present assignment is to identify the requirements whichparties need to fulfill to create a legal relationship in contracts. Moreover, it will determinevarious types of contract and its terms such as implied and express terms. Along with this, thereport also demonstrates differences between tort liability and contractual liability. At the end,report highlights the principles of vicarious liability and negligence with their effects. TASK 1Essential contract elements Offer: In simple words, an intention to enter into a contract by a party is called offer. Inorder to create a contract, it is the basic requirement to make a proposal by one person to anotherknown as offer. Party who made offer to other is called offeror whilst person to whom offer ispresented is called offeree. Referring the case study of Fisher Vs Bell, an invitation to treat viaplacement of an advertisement cannot be considered as an offer.Acceptance: Genuine agreement by offeree on the terms and conditions presented in theoffer indicates that other party is agreed to accept the proposal (Essential elements of a validcontract, 2016). Regards to acceptance, it is essential that other party must be agreed on sameconditions and terms placed by offerer, otherwise, it will not be considers as an acceptance. Inthe case of Brogden Vs Metropolitan Railway, party may give his/her acceptance either inwritten or by spoken. Consideration: Unilateral promise is not enforceable by law, thus in order to create legalbinding, it is essential for both the parties to give and receive something valuable benefits inreturn, called consideration. According to case study of Currie Vs Misa, rights, detriment, profit,benefit or forbearance all are considered as lawful consideration. `
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Legal intention: In a valid contract, it is necessary for both the parties to have an legalintention, means in case of breach of duties by any party, other party must have an intention tofile a lawsuit to get compensation (Molderez and Janssens, 2012). Supporting these, as per thecase of Jones Vs Padavatton and Balfour Vs Balfour, contracts are not considered as legalcontract just because parties don’t have legal intention towards each other. Both the case laws arethe types of household contract, in which, personal and family relationship exists between boththe parties. Impact of different types of contract Contract may be of different types that are unilateral, bilateral, written, oral or distance. In every contract, parties must examine the impact of different contracts, if they fail to perform their duties and responsibility respectively. Bilateral contract: Contract in which both the parties mutually agreed on contractual terms and conditions and liable to exercise their duties and accountability towards other is called bilateral contract. In this, if any party does not execute their responsibility than other party have right to make sue. Unilateral contract: It refers to one-sided contract, in which, only one party is legally liable to perform contract’s terms and conditions, called unilateral contract (Unilateral and Bilateral Contracts, 2016). Written contract: When both the parties prepare legal documents through containing all the necessary information, terms and conditions and sign it to show their acceptance is called written contract. In real business practices, parties always prefer written contract, so that, in the case of default, it may be used as a proof or evidence. Oral contract: It is just opposite to earlier as in this, parties agree with each other by spoken words only (Molderez and Janssens, 2012). Lack of legal evidence to the innocent party in the case of default by other party is a main limitation of this contract. Distance contract: When parties live far away from each other, than they can use electronic mediums like web, fax, telephone and many others to form a legal contract, called distance selling or electronic contracts. `
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