Ask a question from expert

Ask now

Legal Aspects of Contract With Relation to Business : Project``

14 Pages4316 Words179 Views
   

Added on  2020-01-16

Legal Aspects of Contract With Relation to Business : Project``

   Added on 2020-01-16

BookmarkShareRelated Documents
Aspects of Contract andNegligence in Business
Legal Aspects of Contract With Relation to Business : Project``_1
Table of ContentsINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1...........................................................................................................................................3Essential Elements of Contract...............................................................................................31.2...........................................................................................................................................4Types of contract....................................................................................................................41.3...........................................................................................................................................5Terms to a contract.................................................................................................................5TASK 2............................................................................................................................................52.1...........................................................................................................................................5application to elements of contract in case scenario..............................................................52.2...........................................................................................................................................6Terms to a contract in case scenario.......................................................................................62.3...........................................................................................................................................7application of Express and Implied terms..............................................................................7TASK 3............................................................................................................................................73.1...........................................................................................................................................7Contract between contractual liability and liability in tort.....................................................73.2...........................................................................................................................................8An act of Negligence with reference to Donoghue v Stevenson case....................................83.3...........................................................................................................................................8Application of vicarious liability in Business Scenario.........................................................8TASK 4............................................................................................................................................94.1...........................................................................................................................................9Application of elements of Negligence and Possible defences..............................................94.2.........................................................................................................................................10Elements of Vicarious Liability............................................................................................10CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
Legal Aspects of Contract With Relation to Business : Project``_2
INTRODUCTIONA contract can be described as an agreement which is formed between the partiesregarding the activity of selling, trading and such contract when became enforceable by lawbecame a contract. There are many business organisation who shall look forward to make a dealor an agreement with another party or there may be situation in which the organisation or anindividual may possess an interest to form a contract between the parties in that case contract lawshall prevail over the party(Marks, Marks, Jackson, 2013). There are many kind of laws whichare enacted by the government to ensure that the rights and the duties shall get protected out ofcontract law shall protect the duties and right of the party binding themselves into a contract.The following project will showcase all the important provision which is related in the formationof a contract. The aim of the project is to create a better understanding about legal aspects ofcontract with relation to business.TASK 11.1Essential Elements of ContractWhen the contract is being formed between the parties then it is very much important thatall the essential elements are to be included. When the contract is formed without essentialelement then such contract is titled as void. Whenever a void contract is being formed betweenparties then either of them have the rights to seek remedies from the court of law. Some of theessential elements which are required for the formation of a valid contract are:-Offer- an offer to a contract can be when one of the party propose an idea which will create aninterest to enter into an agreement by the other party(Friedman, 2011). An offer is the first andforemost step towards formation of a contra t as it will show intention of party to enter into acontract.Carlill v Carbolic Smoke Ball Co [1893]guthing v Lynn [1831]Acceptance- when an offer has been made to one party by another the with the acceptance, theother party can show an interest of the other party to enter into a contract. Whenever a partywants to enter into a contract then it is very necessary for him to accept the area.Yates v Pulleyn [1975]
Legal Aspects of Contract With Relation to Business : Project``_3
Consideration: it shall refer to the promise which is made by the party(Hayre, 2015). Aconsideration to a contract is exchange of value which will benefit to the person who are makingthe contract. A consideration to a contract is very essential element, without which a contractshall not be formed.Thomas v Thomas [1842]Agreement- it is very important that when the party is forming a contract then a prior agreementshall be made between the parties(Chomsky, 2014). An agreement to contract shall raise thelegal obligation on to the parties which will protect the rights and duties of the person. An invitation to treat is referred to the negotiation which is being done by either of the partyabout the offer made in a contract for an instance it has been seen in the above case that anegotiation of offer was made between William and Richard regarding the buying and selling.Fisher v Bell [1961]1.2Types of contractThere are different types of contract which is being formed between the partiesdepending upon the situation and the condition of the party. It is very important that the contractshall be made in accordance to the situation because an invalid contract shall not b enforceableby law. The types of contract are:-Face to Face contract- it can be referred as the contract which is being made between the partiesin person that is both the parties while making a contract are present in front of each other. It iskind of most reliable contract among the parties as there shall be transparency maintained andparties have time to clear the doubt regarding contract(De Hauw, De Vos, 2010). A face to facecontract shall enable the party to carry out provision in better mannerWritten contract- when the contract between the parties is being carried out in a written form thatis when all the essential elements of a contract are being made in written document then suchcontract shall be entitled as written contract. Such type of contract are very strong in nature asthey will appear as concrete evidence in front of the court whenever a breach of contract is goingto take place by either of the party.Distance Selling contract- when the contract is being taken place on telephone or on online thenit is know as distance selling that is when the activity of sell and purchase is being carried out atdistance. Such type of contract may possess loopholes as the contract is being formed at a
Legal Aspects of Contract With Relation to Business : Project``_4

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Aspects of Contract
|14
|4107
|54

Contract and Negligence in Business Assignment
|12
|4423
|162

Aspect of contract and negligence for business | Assignment
|12
|4108
|162

Distinction Between Tortious Liability and Contractual Liability
|14
|5138
|105

Aspects of Contract and Negligence Act (docs)
|13
|4168
|39

(DOC) Aspects of Contract and Negligence
|15
|5377
|174