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Contractual Liability & Tort Liability : Report

   

Added on  2020-01-28

14 Pages4096 Words91 Views
Aspects of Contract andNegligence for Business

Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1 ...........................................................................................................................................41.1Essential elements of valid contract ......................................................................................41.2 Explain different types of contract........................................................................................51.3 Different types of terms used in the valid contract...............................................................6TASK 2 ...........................................................................................................................................72.1&2.2 Draft contract between Bella UK and Hair for you......................................................72.3 Evaluation of effects of different terms used in contract......................................................9TASK 3 .........................................................................................................................................103.1 Contrast contract and tort liability ......................................................................................103.2 Explain the nature of liability in negligence.......................................................................113.3 Explain how a business can be vicariously liable...............................................................12TASK 4..........................................................................................................................................134.1 Application of elements of tort of negligence.....................................................................134.2 Application of elements of vicarious liability in the context of case..................................13CONCLUSION..............................................................................................................................14REFERENCES..............................................................................................................................16

INTRODUCTIONLaw is a term which is consist of rules and regulations that are created and implementedthrough social and governmental institutions for the regulation of behaviour. There are differenttypes of law that can be contract law, civil law, criminal law, international law etc. In today'sworld, the business organizations in whole over the world enters into the contract with otherparties for giving a legal effect to their contractual relationship. A valid contract is an agreementwhich is consist of all the essential elements of a contract. It includes offer, acceptance, intentionto create a legal relationship etc (Conrad, 2011). Also, in this present report concept ofcontractual liability and tort liability has also been has been defined. Vicarious liability is ananother type of contract in which the employer is held liable for the acts of its employee. In thispresent assignment various concepts of terms of law has been discussed with their case laws. TASK 1 1.1Essential elements of valid contract In a valid written agreement there are many particulars which make it legal and lawful inthe eyes of law (Cross and Miller, 2011). The companies are required to include these terms intheir contract. There are numerous elements of contract some of them can be demonstrated as :ElementsDefinition OFFERAn offer is a term which signifies the offer andwillingness of one person to form a contractualrelationship with another party (Fried, 2015). Oneparty , offerer makes an offer which has beenaccepted by another party so that they can create abinding contract. An offer is different from aninvitation to offer. A case of Harvey vFacey[1893] UKPC 1, has been decided in thisaspect. In the given case scenario, Layla offers topurchase a LED at 125 pounds to Freddy. It will beonly considered as legal contract if Freddy acceptsit.

ACCEPTANCEOnce a binding acceptance takes place, it forms abinding contract. Acceptance is given by anotherparty to the contract to whom offer is provided.Also, the acceptance must be communicated by anofferee. The legal agreement must be certain.INTENTION TO CREATE LEGALRELATIONSTo form a valid contract is necessary that thereshould be a legal and valid intention behind theformation of a contractual relationship (Gergen,2013.). In the given case scenario, there is nointention to crate an offer as Freddy is not interestedand responded to purchase at an agreed price.CONSIDERATIONConsideration is a value which has been decided byboth the parties in respect of transaction of business.The consideration must not be related to past.According to the decided case law : ReMcArdle(1951) Ch 669, it was been held that thepromise related to payment occurred afterconsideration so, promise to make payment was notof binding nature. As, past consideration is invalid.CAPACITYIn creation of a legal contract, the capacity of theparties to the contract should be considered. Theyshould not be under age of “18” and of unsoundmind, lunatic and disqualified from law for the timebeing in force. PRIVITY OF CONTRACTThis doctrine in law conveys that a contract framedbetween both the parties can not confer rights orimpose any sort of liabilities or obligations arising .,except the parties under it.

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