Assignment on Contract and negligence law

Added on - 03 Dec 2019

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Aspects ofcontract
TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................31.1 Importance of essential elements of the contract...................................................................31.2 Main types of contract along with their impact.....................................................................32.1 Applicability of essential elements of contract in given case scenario..................................4D2 Promissory Estoppel..............................................................................................................4Task 2...............................................................................................................................................51.3/2.2 Analysis of contractual terms along with its applicability in given case situations........52.3 Evaluation of impact of expressed and implied terms using the above case.........................5M1................................................................................................................................................6D1.................................................................................................................................................6Task 3...............................................................................................................................................64.1 Advise to Brad for applicability of negligence law along with available defenses...............63.1 Contrast of nature of liability in contract with tort................................................................73.2 Importance of case of Donoghue V Stevenson in development of concept of duty of care..7M2................................................................................................................................................7Task 4...............................................................................................................................................84.2 Applicability of principles of negligence...............................................................................83.3 Vicarious liability of business................................................................................................8D3.................................................................................................................................................8Conclusion.......................................................................................................................................9References......................................................................................................................................102
INTRODUCTIONContract and negligence law is part of civil legislation. This law is developed to promotefairness in action of parties in situation of both presence and absence of contractual relationship.For this purpose, standard guidelines had been described in English law which are required to becomplied by all individuals. Present project report is focused on description of these guidelinesin order to provide appropriate recommendations in given case scenarios.TASK 11.1 Importance of essential elements of the contractContract is an enforceable agreement in which two parties are legal obliged to fulfill thepromises made by them. A contract is said to be valid if it is supported by following elements-1.Offer-An offer is a proposal given by one party to specific person or to general public toenter into legal relationship. Offer given by party should be specific and legally valid.Invitation to treat will not be considered as offer because it is merely an invitegiven by party to show their interest in formation of legal relationship (Edwards,Edwards and Wells, 2008). In addition to this response of invitation is an offer inwhich primary party is free to accept or reject it. In the given case situation Billhad given invitation to treat to the general public for the sell of printing press.Offer is important because it describes initial terms of the contract. Due to this aspect,offer is required to be specific and certain. In addition to this, it must not include terms forcompletion of impossible or unethical task.2.Acceptance- It can be termed as consent given by the offeree on the offer made byofferor. It should not be supported by any modification else it will have legal status ascounter offer. Only offeree is entitled to provide acceptance. Acceptance is important forcontractual relationship because it creates agreement between parties. Further, withoutacceptance of party agreement cannot be formed.3.Consideration- Agreement should be formed in against of some beneficial value. Thisvalue is not required to be at arm length price but it must be supported by mutual consent(Warren, 2012). Consideration is vital in contractual relationship as it creates mutualbenefit for both the parties. Furthermore, promise without consideration is null and void.3
4.Intention-Contracting parties should intend to create legal agreement in order to fulfilltheir promise. Presence of intention in contract is significant because all agreements arenot considered for binding contract and same is not enforceable by court of law.1.2 Main types of contract along with their impactParties can enter into contractual relationship with different types of contract. Descriptionof different types of contact along with their impact is as follows-Oral contractMeaningOral contracts are created on the basis of verbal communication by parties. Theseagreements are supported by trust and faith.ImpactThis agreement is informal and uncertain in nature because there is absence of evidenceof contractual terms (Gillies, 2004). In situation of dispute interpretation is made by court inaccordance with the situation which may be unfair in some situations.Written contractMeaningWritten contracts are supported by contract deed. It is formal and specific agreement asparties had described terms and conditions in appropriate manner.ImpactIn situation of contradiction this deed is considered to provide relief. In some businessagreements it is essential to select written contract. Example of this agreement is purchase oftangible asset.Distance contractMeaningDistance contract is made in situation where parties are not present at similar place fordetermination of contractual terms.ImpactIn this agreement postal rule is applicable to determine its validity. As per this rule,contractual relationship exists only if acceptance is communicated to the party by whom offerwas provided (Rosly, 2010).4
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