logo

Aspects of Contract and Negligence

9 Pages2683 Words420 Views
   

Added on  2020-01-21

About This Document

ASPECTS OF CONTRACT AND NEGLIGIENCE TABLE OF CONTENTS INTRODUCTION 3 TASK 33 3.1 Contrasting tort liability with contractual liability 3 3.2 Explaining duty of care and law of negligence 4 3.3 Explaining how business can be vicariously liable 4 TASK 45 4.1 Elements of tort of negligence5 (a)5 (b)6 4.2 Elements of vicarious liability 6 (a)6 (b)7 gado 2010). Vicarious tort liability with contractual liability There exists some difference between

Aspects of Contract and Negligence

   Added on 2020-01-21

ShareRelated Documents
ASPECTS OF CONTRACT AND NEGLIGIENCE
Aspects of Contract and Negligence_1
TABLE OF CONTENTSINTRODUCTION............................................................................................................................3TASK 3............................................................................................................................................33.1 Contrasting tort liability with contractual liability ...............................................................33.2 Explaining duty of care and law of negligence ....................................................................43.3 Explaining how business can be vicariously liable ..............................................................4TASK 4............................................................................................................................................54.1 Elements of tort of negligence ..............................................................................................5(a).................................................................................................................................................5(b)................................................................................................................................................64.2 Elements of vicarious liability ..............................................................................................6(a).................................................................................................................................................6(b)................................................................................................................................................7CONCLUSION................................................................................................................................7REFERENCES.................................................................................................................................8
Aspects of Contract and Negligence_2
INTRODUCTIONAspect of contract and negligence plays an important role for individual so that they canget justice from the wrong practices which are practised by different individuals or organizations.Contract is considered as a written or verbal agreement through which a legal relationshipformed between two or more parties (Adams, 2010). Further, the elements of contract getsfulfilled when both parties accepts the terms and condition of contract. This present documentwill help reader to understand the tort liability in contractual liability. This report will alsoemphasize on the concept of duty of care and negligence.TASK 33.1 Contrasting tort liability with contractual liability There exists some difference between the contract and tort liability. Some of them havebeen discussed down under:Contract law comprises of body of laws where parties need to consider the differentelements which are present in contract in order to have a positive relationship. Further,contract also elaborates duties and responsibilities which parties have to follow beforeentering into contract. On the other hand, tort law has been developed due to the act ofnegligence (Bowyer, 2010). It governs the situation where one person has harmed orinjured other person not intentionally.Contract liability is undertaken on voluntary basis as no person is bounded to get into thecontract. On the other side, tort liability is imposed by law. In contract, parties have option that whether they want to form any sort of legalrelationship with other party or not. On the other hand, in tort liability, this particularoption is not available with the party because laws are imposed by court of Lord.In contract liability, parties who are in contract will be liable for the act and no role ofsecond party will be treated as legal. On the contrary side, each and every member whoare linked with the act either through indirect way will be considered as liable in tortliability (Jentz and Miller, 2007).Damages incur by any one party has to pay compensation to the other party. However, intort liability, decisions relating to damages are generally made by the court of lord.With reference to the case Donoghue v Stevenson (1938), tort liability can be understoodin more précised manner.
Aspects of Contract and Negligence_3

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Legal Issues in Business Organizations Tourism and Events Organizations Assessment for 2021
|8
|2481
|370

Role of Foresight in the Neighbour Principle in Modern Negligence Law
|10
|3885
|439

The Tort of Negligence; Keith
|15
|4926
|40

Assignment : Business Law Module
|24
|1567
|134

Aspects of Contract and Negligence for business TABLE OF CONTENTS
|14
|5487
|293

Law of Torts: Rights of Gina and Samuel
|14
|3628
|192