(DOC) Aspects of Contract and Negligence

Added on - 03 Dec 2019

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Aspects of Contract and Negligence
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11.1 Key essential elements which require formation of a contract with its importance.........11.2 Discussing the main types of contracts............................................................................22.1 Application of above element in the specified scenarios.................................................3D2...........................................................................................................................................4TASK 2............................................................................................................................................41.3/2.2 Analyzing terms of contract and applying their interpretation to the respective cases42.3 Effect of Expressed and Implied terms in reference to case............................................5M1: In case of no negligence, is exclusion clause valid and why?........................................6D1: “Exclusion clauses are valid, regardless of when introduced to a contract”...................6TASK 3............................................................................................................................................74.1 Elements of Tort of negligence and state possible defenses as per the case....................73.1 Contrasting nature of liability in Contract with tort liabilities.........................................83.2 Liability in negligence with reference to Donoghue v Stevenson 1932...........................9M2: Ryland v Fletcher 1868...................................................................................................9TASK 4..........................................................................................................................................104.2 Bill liability for negligence and is XYZ held vicariously liable....................................103.3 Vicariously liability provisions......................................................................................10D3 Occupier's duty of care...................................................................................................11CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12
INTRODUCTIONThe aim of this report is to draw light on two different legal aspects one is contract andother is negligence. Contract binds people into a legal agreement which needs to be complied bythe parties that are entering into it. This report herein is presented to introduce the law of contractwith a clear emphasis on the key elements whose persistence determines the validity of acontract. The aim of this report is to draw one's attention on varied types and terms of contractwhich determine the legality aspect of a contract. The report has made a sharp contrast amongtort and contractual liability. Moreover, the report showcases the tort law principles and nature ofliabilities in negligence. The report has made detailed discussion on the degree of liability that islying on owner under the term vicariously liable.TASK 11.1 Key essential elements which require formation of a contract with its importanceA contract is an agreement that led to a rise of an obligation which is enforceable orrecognized by law. It is a legally binding agreement in between at least two parties that are validto contract.It is important to take into consideration the following elements during the formation of acontract-1.Offer and acceptance- Offer is a promise to do or to not do something specified in clearterms that may or may not be accepted by another. Offer is a willingness expressed bysomeone to enter into a specified contract. It is entered with intent to be binding onceaccepted by the person to whom it is being addressed. The significance of offer is thatwhen it is accepted, contract is formulated (Goldberg and Zipursky, 2007).In addition, to offer acceptance it may be rejected, a counter-offer may be made, the offermay be lapsed or offeror may withdraw back its offer in a way that it is no longeravailable for the acceptance.Acceptance is when the offeree provides its assent to an offer. Acceptance is a final andunqualified expression of affirmation to the terms of offer. Acceptance holds no legality untilit hasbeen validly communicated to the offeree. Acceptance may be written, oral orimplied by way ofofferee conduct (Collins, 2003).~1~
2.Consideration- As per the general rule, a promise is not binding as a contract unless it hasbeen supported by consideration. Consideration is something that serves value for a givenpromise and is required to make the promise enforceable as a contract. Considerationshould be sufficient but need not prove to be adequate.3.Capacity to contract- For entering into a contract, it is important for all to hold legalcapacity to do so. This makes it imperative for parties entering into contract that theycannot be bankrupt or minor.4.Intent to create legal relations- Agreement though assisted by consideration is notbinding until the contract made is without an intention to make it legally binding on them.Parties entering into contract must have the intention to that offer and acceptance whichshall be binding upon them. There is a presumption that for entering into a commercialcontract, parties are required to be legally bound to it.5.Privity of contract- The doctrine of privity of contract consists of two general rules whereat first, third party is not legal to proclaim his rights for contract to which he is not aparty. Secondly, it cannot sue upon for non-performance of a contract in order to gain itspromised performance (Schwartz and Scott, 2003).The term Offer shall not be confused with the term “Invitation To Treat”. While offer isjust a mere expression of intention to do or not to do some act,Invitation to treaton the otherhand is merely an invitation for customers to submit an offer. Unlike offer, it lacks the intentionto be bound by it. Invitation to treat often arises in situation where there are pre-contractualnegotiations, store displays and advertisements between parties.In case of Bill advertisement in trade Journal to which Cathy negotiated, the revising ofprice and acceptance of earlier quoted price of Cathy @£80000 shows an invitation.1.2 Discussing the main types of contractsThere are different types of contracts which have been identified by the partiescontracting formed to enter into a legal contract. Contract rule vary differently depending on thetype of contract.1.Distance selling contracts-Such contracts are entered by parties who are not physicallypresent at the same place to initiate the contract. The validity of contract has beensignified by the postal rule. In this type of contract, the offer is deemed to be accepted~2~
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