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Aspects of contracts & Negligence : Assignment

   

Added on  2020-01-15

13 Pages4596 Words139 Views
Aspects of contracts & Negligence1

TABLE OF CONTENTSINTRODUCTION................................................................................................................................4TASK 1.................................................................................................................................................41.1 Importance of essential elements required for the formation of a valid contract.......................41.2 Discussing the impact of forming contracts...............................................................................51.3 Analysis of terms in the contract with reference to their meaning and effect............................5TASK 2.................................................................................................................................................62.1 Application of elements of the contract in the given case scenarios..........................................62.2 Application of terms...................................................................................................................72.3 Effect of different terms in the given contracts..........................................................................7TASK 3.................................................................................................................................................83.1 Explaining the similarities and difference of liability in tort with contractual liability.............83.2 Explaining the liability for negligence and its elements.............................................................93.3 Explaining the vicarious liability of a business........................................................................10TASK 4...............................................................................................................................................104.1 Elements and defence in negligence.........................................................................................104.2 Application of elements of Vicarious Liability........................................................................10CONCLUSION...................................................................................................................................11REFERENCES...................................................................................................................................122

LIST OF TABLES Table 1 similarities and difference of liability in tort with contractual liability...................................83

INTRODUCTION As per the English Law, contract can be explained as the voluntary agreement between twoor more parties who are competent enough as well as agreement must be enforceable by the court oflaw. On the other hand, tort in negligence is defined as the failure of business parties to carry outreasonable cares which are according to standard duty that defined by English law (Lawfulconsideration, 2011). So, it is important for the ventures to understand their duties so that negligentaction can be avoided. Following report is based on the aspect of contract and negligence. With thehelp of this, it can be easy to understand about the subject matters and also, it explains theimportance of elements required for a valid contract. Further, types of information for contract andterms and conditions involved in the contract will also be defined (Andrews, 2016). Along with this,inclusion of those terms and types of contract will apply in different business situations in thefollowing study. Apart from this, contractual liability and tort liability will also be enlisted in thefollowing study. TASK 11.1 Importance of essential elements required for the formation of a valid contractAs per the given case study, it has been found that Peter Abraham is looking to set up a selfemployed building contractor business (Contract Law, 2007). To explain him the way in which acontract is formed, firstly, he has to understand the importance of various elements that are requiredat the time of formation of a valid contract. These are as follows:Offer:Offer can be defined as it is developed by one party i.e. offerer with an aim of to enterinto creates a binding contract. It can be done via on a telephone, face to face, telegram, etc. Withthe case of Harvey v Facey [1893] UKPC 1, this element can be clearly understood. According tothe given case scenario, Peter Abraham can give or recive offer from suppliers, customers and otherparties (Cartwright, 2014). Acceptance: At the time of formation of contract, it is essential that the offeree must showvalid acceptance within a reasonable time frame. Peter Abraham can binding contract only when heaccept the offer from the suppliers regarding the supply of raw materials. Along with this, he canform the contract with clients only when they accept it within set time limit. Entorres v Miles FarEast [1955] 2 QB 327 case helps to understand the acceptance term (Fisher and Kalbaugh, 2012). Consideration: It can be considered as the bargain of contract which is based on theexchange of promises and each and every part of a contract should get the advantage from it andsuffer the detriment. By considering the given case study, Peter's contract can be price chargedagainst services delivered to the clients and prices paid to vendors at the time of buying raw4

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