Negligence and Tort Law in Business
Added on 2020-01-21
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Importance of essential elements required for the formation of a valid contract.............11.2 Impact of different types of contract in terms of forming, biding and enforceable contractsunder English law...................................................................................................................2TASK 2............................................................................................................................................42.1 Understanding of essential elements of a valid contract..................................................42.2 Apply the law on terms to Rani and Eric case..................................................................42.3 The effect of different terms and remedies available......................................................5TASK 3............................................................................................................................................63.1 The contrast the liability in tort with contractual liability................................................63.2 The nature of liability in negligence.................................................................................73.3 Business can be vicariously liable....................................................................................74.1 The elements of the tort of negligence and possible defences ........................................84.2 The law on vicarious liability ..........................................................................................9CONCLUSION................................................................................................................................9REFERENCES..............................................................................................................................11
INTRODUCTION Contract is defined as a legal agreement among two or more parties that is abided bylegal authorities to form a valid contract. However, governmental bodies are also focused on thedifferent aspects of contract and negligence law which assist them in providing guidelines andstandards that need to be followed by the organization in order to protect the right and interest ofpublic (Collins, 2014). Present report will focus on diverse aspects that are related withnegligence and contract. It will also provide information about different kinds of contract thatcan be consider by management of business organisation. Study will also focus on contractualliability and other aspects that are related with working of organisation. TASK 11.1 Importance of essential elements required for the formation of a valid contractAs per detailed study, there are various elements that are essential to consider information of valid contract. Classification of key elements can be as offer and acceptance,competency of parties and intention to create legal relationship. Offer and acceptance: It has been noticed that offer and acceptance must be consideredas essential element by both parties so that valid contract can be taken into account. It means oneparty need to present an offer and other party must accept the offer presented so that validcontract can be framed (Epstein, 2013). If offer is made but it was not accepted by another partythen it will not be considered as valid contract. Message must be conveyed in appropriate mannerfor accomplishment of objectives. Competency of parties: Itis another element which is also needed to be consider inappropriate manner for effective formation of valid contract. In addition to this, it is necessary tomake sure that party that enters in the contract is suitable for entering in contract (Giliker, 2010).Person must be 18 year old so that he can present competency while entering in the contract.Mental conditions of individual also need to be refer effectively so that valid contract can beframed. Other than this, it is also necessary to make sure that person entering in contract isholding positive concern so that better protection can be built (Faure, 2009). Along with this,mutual understanding and acceptance also need to be effectively from the management so that1
goals and objectives can be accomplished. If both parties are having legal intention then it willallow to have valid formation of contract.Consideration:It is referred as value which helps in ensure that key standards of contractare well maintained. It is mainly is exchanged for the performance or promise of performance bythe other party. In addition to this, it is significant to make sure that consideration is beingexchanged with the consideration. Other essential:Offer can be explained as proposal to the contract the two persons arebind to complete a contract (Carlill v Carbo,ic smoke Ball co.) As per the case, a remedy for aflu was found in which if the manufacture is not able to bind the buyer works then he will beawarded £ 100 which is a considerable amount. In addition to this, intention to create legalrelation also need to be evaluated effectively. If any one of party is not focused towards creatinglegal relationship then aspects of valid contract can be impacted effectively. Parties must havecapacity to enter into a contract. It means minors and mentally disable person can not participatein the interview. For better understanding about the concept the case of Carlill v Carbo,ic smokeBall co.can be referred effectively. Acceptance can be defined as requirements of the elements in order to form a legal bindcontract. In addition to this, acceptance is an expression in which the parties are bound tocontract legally.1.2 Impact of different types of contract in terms of forming, biding and enforceable contractsunder English lawIt has been noticed that there are number of contract in terms of forming, binding andenforceable contract. With an assistance to this, the contractual relationship can be build inappropriate manner. Classification of contract types can be as face-to-face, written, etc. Face to Face: In respect to face to face contract, it can be said that it is a form ofcontractual aspect that allows to have construction of contract and exchange of promises withother party. In this, different methods of communication is being used by parties such astelephone. Verbal:In addition to this, it can be said that verbal contract can be framed by havingappropriate conduction of meeting. It allows to have discussion between both parties in regard to2
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