Civil Legislation in the UK

Added on -2020-02-05

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Aspects ofcontracts 1
TABLE OF CONTENTSINTRODUCTION ..........................................................................................................................3Task 1...............................................................................................................................................31. Description of different types of contract along with their impact..........................................32. Description of term offer and acceptance along with the suitable case reference...................43. Assessment of existence of contractual relationship in given case scenario...........................54. Analysis of term in contract with reference to their meaning and effect.................................5Scenario 2.........................................................................................................................................6Case a)..........................................................................................................................................6Case b).........................................................................................................................................6Case c)..........................................................................................................................................7Case d).........................................................................................................................................7Case e)..........................................................................................................................................7Task 3...............................................................................................................................................8Contrast liability in tort with contractual liability........................................................................8Principles of negligence...............................................................................................................8Provisions of vicarious liability...................................................................................................9Task 4.............................................................................................................................................11Defences available for the prevention of liability in negligence...............................................11Case a)........................................................................................................................................12Case b) ......................................................................................................................................13Case c)........................................................................................................................................13Case d).......................................................................................................................................14Conclusion ....................................................................................................................................14References......................................................................................................................................162
INTRODUCTION Contract and tort law are part of civil legislation in the UK. Objective of this law is topromote fairness in commercial transactions and to protect interest of public. Contract law isapplicable in situation where parties mutually decide to enter into legal enforceable relationshipfor completion of promise. Further, negligence law is applicable in situation where there isabsence of contractual relationships between parties (Engler and Heyman, 2011). Contract andtort imposes obligation on individuals and businesses to provide performance in an effectivemanner in order to prevent risk of injury for the other innocent parties. In order to assurestandard performance, provisions of damages have also been introduced according to which; ifparties fail to comply with the provided duties then, they will be liable to pay compensation forthe injury of the aggrieved party. Present study is focused on the description of provisions of contract and tort law in orderto assist owner of the MotorsRus i.e. Salvatore in his legal matter. For this aspect, importance ofessential elements and contractual terms will be explained along with the suitable case scenarios.Further, general responsibilities of Salvatore will be discussed through the provisions ofnegligence law and vicarious liability. Described provisions will be applied in the issuesprovided by Salvatore in order to provide justifiable recommendations to him. TASK 11. Description of different types of contract along with their impactParties to the contract are required to select appropriate contractual form by consideringtheir needs. It is because; each contractual form has different impact on the performance ofparties. As per the provided case scenario, owner of the MotorsRus (Salvatore) is planning toenhance his customers by attracting them towards his second hand cars. For this aspect, he canselect following form of contracts:Distance contract: This form of contract is selected when contracting parties are not ableto meet at common place for the negotiation of contractual terms. Validity of thesecontracts is determined by the applicability of postal rule. For this contract, Salvatore cancreate website on which entire information of cars will be displayed to the customers.3
This advertisement will be considered as invitation on which offer will be provided bycustomers (Adams, 2010). Face to face contract: This contractual form is selected by parties when they can createagreement by meeting at common place. This contract is generally conducted in verbalmanner. For this contractual form, Salvatore can show his car to customers by visiting hisgarage by describing terms and conditions (Contract and Tort Law, 2014). By considering the nature of the good i.e. car, contract will be supported by written deed.From the above described contracts, it will be beneficial for Salvatore to select distance contract.It is because; through online website, he can reach to large customers with minimum cost andtime. Further, if customers will be satisfied with the cars then, they will place the offer throughthe website (Nystén-Haarala, 2010). Formation of standard form of contract will be beneficial for the Salvatore for the sale ofsecond hand cars to the customers. It is because; by this contract, Salvatore will be able to setterms and conditions on which customers cannot negotiate. It will reduce the cost of business asindividual deed will not be required for the each transaction. Further, standard form of contractwill make reduction in “unforeseen anomalies” as Salvatore will be prevented from insertingchanges to the contract without informing the client.2. Description of term offer and acceptance along with the suitable case referenceValidity of contract is judged by legislation after formation of agreement between parties.Further, agreement is said to be created, if offer given by one party is accepted by another partyin similar sense. Offer and acceptance are considered as the basic elements of contract which arenecessary to be expressly satisfied (Zoll, 2012). Offer can be stated as proposal provided by an individual to another individual (bilateraloffer) or to the general public (unilateral offer) in order to complete certain act. In accordancewith the English contract law, an offer is said to be valid if it is certain and lawful. However, itmust be different from invitation to treat because; it is merely a way of showing willingness forentering into negotiation. In addition to this, response of invitation is treated as offer on whichother party is entitled for its acceptance or rejection. For this aspect, case of PharmaceuticalSociety of Great Britain v Boots [1953] 1 QB 401 can be considered. Offering party canterminate the proposal prior to the acceptance else; it will not be considered valid. For this aspect4

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