Contractual Liability and Negligence to Tort : Report
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Added on 2020-07-22
Contractual Liability and Negligence to Tort : Report
Added on 2020-07-22
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Consumer Behaviour
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Essential elements of valid contract......................................................................................11.2 Impact of different type of contract......................................................................................21.3 Terms of contract..................................................................................................................3TASK 2............................................................................................................................................52.1 Contractual liability and Negligence in tort..........................................................................52.2 Nature of liability in negligence............................................................................................62.3 Vicarious liabilities to business.............................................................................................6TASK 3............................................................................................................................................73.1 Importance of essential elements which are required for valid contract ..............................73.2 Explain the impacts of different types of contract and their terms.......................................83.3 the elements of tort of negligence and vicarious liability in different business scenarios....9CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................10
INTRODUCTIONConsumer behaviour is natures shown by an individual person, groups or by differentorganisation while making purchase or involving themselves in exchange of things in order toaccomplish their needs and wants effectively. The consumer behaviour while engaging them incommercial activities should be regulated through some rules and regulations so that do norneglect their liabilities. The consumer liabilities restricts and customers to be liable for in-negligence behaviour in marketplace (Petkus Jr, 2010). The company is not liable to compensateany losses if consumer was not following up all the aspects of negligence. This is an part ofcontractual agreement made between the company and customers to in written or printed form.This valid contractual liability helps in protecting the companies from the legal complicationsbecause of potential neglecting behaviour of customers while making purchase.In this particular report contractual liability is differentiated with negligence to tort. Thisassignment describes the different aspects which are required to form an valid contract which isenforceable by law. This respective report also studies about vicarious liability to business whilecarrying out successfully operations in marketplace.TASK 11.1 Essential elements of valid contractContract is the agreement between two or more than two parties and it is binding on parties.There are three element of contract as-There must be offer and acceptance.intent to make legal relation. There must be consideration (Cova, Kozinets and Shankar, 2012). Following are the important factors of contract as-Offer Offer is made by the party to make the valid contract. It is important segment of contractand without it contract can't be valid. There are two part where one party make offer to another one. The person who accept the offer is called as offerer and the accepting party is consideredas offeree. Acceptance1
It is the factor that took place when offer that is made by one part is accepted by anotherone then it is called as acceptance. The acceptance must be communicated to offerer.The contract can be valid when it is accepted by the party, otherwise not. Intention to create legal relationIt is required for the part of the contract to have intention to create legal relation becausein contract both the parties are legally bounded. Contract is the relation between two and morethan tow parties where they have legal relationship with each other. When there is no legalrelation then it does not come under the definition of contract (Dono, Webb and Richardson,2010). ConsiderationConsideration means the exchange of money. It is important factor and without it contractcan't be considered as valid. This provides validity to contract. Consideration can be as-A promise to do something where one party is not legally obligated.A promise not to do something. CapacityIt is the legal competency of person who is entering into contractual relationship. This isconsidered as the capacity to enter into legal agreement and competency to perform the act ofcontract. The basic thing in it as he/she must have sound mind to enter into contract. The peoplewho is minor, insane, under influence of drug, bankrupt and enemy alien are not capable to enterinto valid contract (Gangale, Mengolini and Onyeji, 2013). Privity of contractIt is important guideline of the contract that states that contract can not confer any rightand obligation to any other party and agent under contract except parties to the contract. Theparty of the contract has right to sue to enforce their right or claim damages as well. 1.2 Impact of different type of contractThere are different type of contract that are considered in it as- VerbalWrittenDistance sellingFollowing are the contract along with its impact-2
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