Laws and Torts of Negligence in Society | Assignment
Added on 2020-02-03
13 Pages5097 Words114 Views
Political Science
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ASPECTS OF CONTRACT AND NEGLIGENCE FORBUSINESS1
Table of ContentsIntroduction..................................................................................................................................3Task 1..........................................................................................................................................31.1 Explaining elements needed for formation of a valid contract................................................31.2 Explaining and discussing impacts of different contracts.......................................................41.3 Explaining and analysing several forms of contractual terms.................................................4Task 2..........................................................................................................................................62.1 Applying law on necessary elements related to scenario.......................................................62.2 Applying law on terms............................................................................................................62.3 Evaluating remedies available relating to the scenario..........................................................7Task 3..........................................................................................................................................83.1 Contrasting tort liability and contractual liability......................................................................83.2 Explaining nature of negligence liability.................................................................................83.3 Explaining the ways for business being vicariously liable......................................................9Task 4........................................................................................................................................104.1 Applying elements of negligence tort along with possible defences.....................................104.2 Applying law on vicarious liability relating to scenario..........................................................11Conclusion.................................................................................................................................11References................................................................................................................................122
IntroductionContracts abound legally inform of agreement which act as one of the most important aspect inevery business. It is crucial and Sir an important role in the maintenance of the sanctity of thebusiness. There are several form law identified and recognised for the smooth operation of thefirm and the business in the society. The clear understanding of the views and the components-power fascinates and benefits of the law and the order. The contracts in the business servegenerously in providing important information regarding the smooth operation of the business.The contracts faces constant threat of fraud, thus several forms and bonds are signed in orderto restrict fraudulent activities in the name of law and order. The government laws however,provide confidence in the aspect of understanding the minimum chances of fraud in the society.The assignment here discusses regarding the different laws and the torts of negligence in thesociety. The elements of the contracts are also discussed here in terms of respective scenariosand facts.Task 11.1 Explaining elements needed for formation of a valid contractAs the assigned representative of a law centre, it is very evident that a valid contracts demandsof few important criteria to be fulfilled. The constituents of valid contracts are discussed below.Acceptance and offerThe two counter side of a valid contract is the acceptance and the offer. The contractualagreement constitutes the agreement and the offer in terms of stepping the first foot for being avalid contract in terms of law and order. The offer is a certain type of promise that is made byone party to another which is to be executed in future. The agreement on the other handincludes the acceptance of the offer with the total consent of another party accepting the offer.Mutual consentThe parties involved in the agreement author contract are mutually in and situation ofunderstanding and acceptance. It can be so said that the parties are subjected to a matter ofmutual understanding with the acceptance of the offer. The terms and conditions are mutuallyset and I want to be followed by burly parties. As mentioned in the contracts with the mutualacceptance the parties cannot break the mutual consent without prior notice. As suggested byno contract can be set final without mutual consent between two parties.Consideration3
The consideration is generally formed of demarcation between gifts and contracts. I suggestedby the amount of consideration proposed by one party to another must be under mutualconsideration. The consideration is regarded as the mutual bonding between two parties withthe exchange of contracts and gifts. It helps in developing a better understanding between twoparties for the proper maintaining of the law sanctity.1.2 Explaining and discussing impacts of different contractsAs supported by Andrews (2016, p.174), contracts have different distinguishing features whichacts upon the business setups. The distinguishing features work in accordance to the setup ofthe business and the form of Consent said by both the parties. Unilateral and bilateral forms ofcontracts occur in the premises of the business. It is evident that the even eternal agreement issimple and occurs between one group and individual whereas, on the other hand, the bilateralcontracts occur between two or more groups and even individuals. The effectiveness and thesuccess of the Evil lateral business is evident because of the lack of mutual constellationbetween two parties. As supported by Ciacchi (2016, p.8), the category of the business, the premises of the business,and the mindset of the business determines the form of work or the impact that the contract maylay on. Being the legal representative of a law firm proper information in terms of the contractsare demanding. The oral and the written form of communication are the two form of contractingin a business. As supported by Knuplesch and Reichert (2016, p.212), the oral contract most ofthe threat in fraud in contrast to the written form of contract.Sealed contract are comparatively more trustworthy than simple business contracts. It is evidentthat simple business contracts are found to be more fraud prone. Fraud in the form of contractaffects the daily operation of the business. Frauds cheap may cause damage to the operation ofthe business and the property that the business centres open. The face to face contracts arepreferably made at distance since they have an easy form of guarantee to deal with. Hence theinformation and the different form of contracts have different effect on the operation of thebusiness and the formation of the contract on the basis of law and order.1.3 Explaining and analysing several forms of contractual termsReferral form of terms and conditions need to be maintained being a legal representative of afirm house. It is essential to remember and practice all the terms and condition required for thebetter performance of the contract in the business. As supported by Robertson (2016, p.190),4
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