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Assignment On UK Law- Tort Law

   

Added on  2020-02-12

18 Pages5847 Words81 Views
Law
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Aspects of Contracts andNegligence for Business
Assignment On UK Law- Tort Law_1

Table of ContentsINTRODUCTION...........................................................................................................................3Task1................................................................................................................................................31.1 Elements for formation of a valid contract:......................................................................31.2 Types of Contract by individuals and businesses:............................................................41.3 Terms can be included in a valid contract:.......................................................................5Task2................................................................................................................................................52.1 Draft of contract for the purchase of product by company:.............................................52.2 Apply the terms in the contract:.......................................................................................72.3 Report on condition and exemption clause:.....................................................................7Task3................................................................................................................................................83.1 Difference between contract and tort liability:.................................................................83.2 Principle in Tort of negligence: .......................................................................................93.3 Liability in negligence in business activity:.....................................................................9Task4..............................................................................................................................................104.1 Tort law in negligence:...................................................................................................104.2 Vicarious liability in business situations:.......................................................................11CONCLUSION..............................................................................................................................12REFRENCES.................................................................................................................................13Books and Journals:..............................................................................................................13
Assignment On UK Law- Tort Law_2

INTRODUCTIONContract law gives a legally binding agreement which creates rights and liabilities of theparties. By enforcement of law parties are binding to perform their actions and makingagreement valid. The object of the contract is legal and does not contravene any rules in thegeneral. There are many cases in which they give an idea to make a valid contract between theparties. UK Law contains many rules which need to be followed by the individuals andbusinesses. Tort law governs the civil wrong done by the person in case of negligence.Defendant is liable in case where there is any wrong done by him even though it is notintentional. There are many situation in the where person liable to compensate the damageoccurred by him. UK laws govern where people doing any wrong activity which must be decidedby the court by proving the evidence in the court. The purpose of law is to provide remedy to theperson who has suffered the loss (Zamore, 2016). There are many cases in this project whichcarries many situations of tort law and creates liability of the law.Task11.1 Elements for formation of a valid contract:
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OfferA person gives an offer to the individual or general public by specifying theterms and conditions of the agreement. There can be an offer given toparticular person or invitation to anyone which can be negotiated. A personcan revoke an offer before being accepted by another party. Offer can beaccepted or rejected by the acceptor there is no influence on the him acceptthe proposal.AcceptanceBy giving his assent to the offeror he accept the terms and communicate withthe person who made an offer. Acceptance is considered completed only whenboth parties communicate to the acceptance. After accepting the offers itbecomes a valid contract by the parties which is enforced by the contract law(O'malley, 2012). In this case Taylor vs Allon, 1966 court decided that offerorcan waive the need of communication of acceptance and it can be completedby the act of conduct. It can be revoked before receiving the acceptance by theofferor.Intention toCreate LegalRelationsAll the parties involved in formation of contract shall have an intention toformulate a legally binding relation. In case of business or commercialrelation it shall be presumed that parties intend to create a binding contract.However, in the case of domestic relations this presumption shall not beapplicable, until and unless explicitly mentioned by the parties. ConsiderationThese are the reciprocal promises made by the parties to support theperformance of contract. Hence, one party suffers a detriment while the otheris benefited. CapacityThe parties to contract shall be legally competent to formulate a valid contractwhich could in terms of age, financial and mental capacity. Privity ofContractIn pursuance to the doctrine of privity, only the parties to contract are capableto sue the other parties for breach of terms. Further, any third party shall notbe entitled to bring about a suit to this effect.In this case Freddy advertised on an e-commerce website for selling his TV of £145. Itwas a general offer made to public and could be accepted by anyone. Layla wants to buy theTV£125 and given his consent to accept the proposal shown on advertisement via e-mail. Offeris not accepted with the same terms and price so it will not be considered as a assent given on
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