The Legal Landscape of Products Liability
Added on 2020-01-21
12 Pages3884 Words50 Views
|
|
|
Aspects of law andnegligence act
Table of ContentsAspects of law and negligence act...................................................................................................1INTRODUCTION ..........................................................................................................................1Task 1...............................................................................................................................................11.1 Essential elements for the formation of the valid contract....................................................11.2 Impact of different types of contract.....................................................................................21.3 Terms of contract..................................................................................................................2Task 2...............................................................................................................................................32.1 elements of the contact as per the given scenario.................................................................32.2 Law on terms of different contract........................................................................................42.3 Effects of various terms on the contract................................................................................4Task 3...............................................................................................................................................53.1 Contrasting liability in tort and contractual liability.............................................................53.2 Starting the nature of liability in negligence.........................................................................53.3 Ways through which business or employer can be vicariously liable..................................6Task 4...............................................................................................................................................74.1,4.2 Elements of tort of negligence and vicariously liabilities...............................................7CONCLUSION...............................................................................................................................8REFERENCES................................................................................................................................8
INTRODUCTION Contract is a legal agreement that is formed between two or more parties. A contract issaid to be a valid contract only when both the elements (i.e. offer and acceptance) are present.The following report is going to interpret about the various essential elements that are necessaryfor the formation of a valid contract. In addition to this, various terms and types of contract arealso discussed by considering the given case scenarios. In this report, various elements and typesof liability are also mentioned. At the end, element of the tort of negligence and vicariouslyliability are also interpreted.Task 1 The given case scenario indicates about the concept that is related to the breach ofcontract. In this case, Sales assistant of ARBOS store displayed the TV set with its offer price.But, when Ben accepted offer to purchase that TV set in the exchange of his old TV set, salesassistant refuses to sell him by simply saying that it was only the display piece and he has notmade any offer to him. At the same time sales assistant also say that if he wants to purchase thannew stock will arrive in January. In lieu of which Ben became disappointed and he decided tofile a case against him. 1.1 Essential elements for the formation of the valid contractA valid contract can be formed only when following elements are present in the contract.Thus, some of them are as follows:-Offer: Offer is the act of putting something in front of any other person with the purposeto sell it. This element is very necessary for the formation of a valid contract (Lim, 2014). Offercan be made for both the tangible and intangible goods. If, offer made by the offeror is acceptedthen in that case, the offeror is legally bound to follow the contract. Acceptance: Acceptance is the act of accepting the proposal by one party that is offeredby another party. Acceptance can be in the form of oral or written. Once, acceptance has beenaccepted then in that case, a legal contract has been formed. Thus, as per the given scenario, Ben is not liable to file a case against the Sales Assistantof ARBOS as in the case; offer and acceptance were not made. If offer is accepted by any otherperson then in that case offeror is bound to follow the contract. But, in this case, no offer hasbeen made by the sales man. Thus, if offer has not been made by the store then in that case, a
legal contract cannot be formed. Thus, as per the law, a legal contract has not been formedbetween both the parties. In lieu of which, if Ben files a case against the sales assistant, he willnot be able to get success. 2
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents