Legal Issues: Contract Law and Negligence in Law of Torts

This essay discusses the application of contract law and negligence in law of torts in a case scenario involving a chain of organic food shops. It covers the elements of contract law, discharge of contract by performance, and duty of care in tort law.

LEGAL ISSUES

INTRODUCTION...........................................................................................................................2
MAIN BODY..................................................................................................................................2
CONCLUSION................................................................................................................................7
REFRENCS.....................................................................................................................................7

INTRODUCTION
The essay is based upon two main law which are law of tort and contract laws. Contract
laws are those laws which are used in order to form agreement between parties and helps in
giving legal structure to contract. In relation to law of torts they are helpful in identifying basic
wrong that has been conducted by an individual.
MAIN BODY
Case scenario: In this case Bruce is the owner of an successful chain of organic food
shops and has pride himself on sourcing local produce. Recently he has been discussing about
sourcing of organic foods within local market. In this recent years discussion has been done with
High Moor Farm regarding the supply of organic beef. Bruce sates that he is willing to agree for
two year deal for the supply of organic beef for which price to determine each month. Jenny the
Farm Manage at High Moor Farm needs to consult her business partners before she is in a
position to say yes over deal. In the meantime Bruce hears that the beef supplied by Green Lane
Farm is of excellent quality and he contacts their Farm Manager Roger for arrange a meeting.
During discussions with Roger Bruce which states that it is essential that beef supplied is
organic. Bruce asks whether Roger is prepared to agree 2 year deal for them to make supply
upon organic beef, amount and price which determines each month. Roger sates that he will
agree to this and Bruce tells him that he will get his lawyer for drawing up a contract on those
terms of 2years. The contact turns out of quite basic which states that he agree to this and Bruce
tells him that he will get his lawyer to draw up contract on terms of 2 years. The contract turns
out to be basic, stating parties over long contract runs for the negotiation of price each month.
Bruce telephones Jenny immediately to tell her that he is revoking the offer. Jenny is less than
impressed as she has turned down an alternate deal with another shop in order to make supply to
Bruce’s shop. First consignment beef from Green Lane sells well in Bruce’s organic shop. This
made order for next month increased. One of the customer enquired about the brief as it cannot
be organic as she lives near farm and has seen them using fertilizer and chemical over the beef.
In order to save reputation of his company cancellation of contract was proposed to Roger that
was rejected and wanted money back for the month. Rogers disagreed and he does not know
anything about beef as he is appointed 8 weeks back. This made Bruce decide about the needs

and have face to face conversation with Roger and is unable to dive since he was drunk. He ask
young member of staff, Jackie to drive him off to farm. Jackie tells Bruce that she only passed
her test yesterday and so is a bit nervous of driving. Bruce insists she will be fine and Jackie
finds it difficult to say no given Bruce is her boss. Jackie is driving quite fast as they turn into the
entrance to Green Lane Farm. A tractor is parked quite near to the entrance and Jackie doesn’t
stop soon enough and crashes in to it. Bruce is not wearing his seat belt and he is thrown from
his seat through the windscreen. Jackie is wearing her seat belt and other than cuts and bruising
she is physically fine. The tractor is badly damaged and as a result of the crash will need costly
repairs. Bruce is taken to hospital. He has suffered serious spinal injuries and requires extensive
hospital treatment and physio. When he returns to work he can only manage a few hours a day so
he is forced to employ a manager to run his chain of organic shops at a cost of £29,000 per
annum. Bruce says Jackie is to blame and dismisses her without notice, citing “gross
misconduct.”
In this case the first important law which is applied is Contract law. Contract laws are
the laws which deals over formation of agreement and providing it legal status within the eyes of
law. Such laws are based over promise which is the made by two or more persons themselves
and result into formation of obligation. This is refer as partner from performing particular act
which can lead over breach of contract. In other words contract means those agreements which
have been formed between two parties which create legal obligations that are enforceable on
both the parties and is recognizable by law. In contract can be both in written and unwritten
form. This means that contract can be in express and implied. Every agreement can be a contract
every contract cannot be in agreement. There are various elements which is been used in this
clause in order to moderate contract effective manner. Further these elements are explained as
Offer this is the first and the basic element which helps in formation of contract in this a person
with the intention or willingness over forming a contract present idea to another party.
Acceptance before second element which is been used in formation of contract in which the
proposed idea made by party is been accepted by another party in order to initiate th e contract.
Consideration this is the third most essential element of contract law within which put party
share common goal of achieving profit with each other and relations which is required to make
the contract more sustainable. Their obligations which are applied by the parties after discussion
taken place between them. Validity this is another important element within which validity of

consideration is been decided and also of the contract. It means the time limit is when decided
regarding the sustainability of the contract. Legality this is the last element which is been used in
order to make sure that contract is been done over a legal thing or idea which is valid within the
eyes of law. If any of the above element is not present in the contract cannot be initiated in any
manner will be considered as null void. Every organization has to enter into different contracts
throughout their business for carrying out transactions and dealings in a lawful manner so that
legal obligations can be avoided (Huang, Ran and LiM, 2019). These are a required part in every
organizations because every transactions is regulated by terms and conditions mentioned in the
contract. UK government has not enacted a separate legislation for this purpose, instead these are
governed by Sale and Supply of Goods Act. Contravention of any terms and conditions will give
the right to revoke or cancel the contract. For example, a contract has been entered by ABC Ltd.
With its suppliers, in which it failed to make the payment within the stipulated time, hence, such
contract can be revoked by the suppliers. It can be observed that parties to contract within the
above case scenario are Bruce and Manager of farm Roger. Then in this case the main aspects
that has been covered is related “Discharge of contract by performance” .A contract becomes
discharged through performance when the contractual obligation occurs when one party does not
fully perform the contact this will amount to breach of contract and other party may have a
claim for damage unless the contracts has been frustrated. If no performance amounts to
repudiator breach then other party will be released from their obligation. In this the obligation of
contract must be fully broken. Where a contract is one where the price is payable on completion,
then completion is generally required in order to discharge the contract. This is often expressed
in the terms of being a condition precedent. Completion triggers the requirement of payment: no
completion, no payment.
Then another law which is “ Negligence in Law of Torts”,Law of tort is that kind of
law which holds jurisdiction in relation over the civil wrong committed by one person to another.
In this claimant suffers loss due to the person which makes liability to be formed of a person.
Such act is known as tortuous act which involves intentional infliction upon various kinds of
things based upon emotional distress, negligence, financial loss and infringement of privacy is
involved within it (Almatrafi, Johri and Rangwala, 2018). Tort law involves claims over that
action which seeks upon obtaining civil remedy over the damages that has been formed. These
damages is been covered within the form of money. Tort makes claim to be compared within

criminal law that deals upon those criminal wrongs which a punishable crime. In this wrongful
act like assault battery is been covered. Wrongful act such assault and battery results in firming
of both civil and criminal suit. These are the offences covered within law of tort. Also law of tort
is covered with contract law which makes agreements to be created in more effective manner.
Negligence is failure over exercising appropriate and ethical rule which makes expectation
exercised over various kinds of specific circumstances accruing within an contract. This tort law
is known over dealing upon negligence that has taken place due to omission of the act or some
other circumstances. The core concept of negligence is that people should exercise reasonable
care in their actions, by taking account of the potential harm that they might foreseeable cause to
other people or property. Relevant case law related to this tort is Donoghue v Stevenson in this
case Mrs Donighue went to café with friend and brought her bottle of ginger beer and ice cream
with it. since gnger beer come in opaque bottle so its contents cannot be seen. Mrs Donoghue
poured half of the beer in her ice cream and drank some from it. After eating part of the ice
cream she again poured the remaining content from the bottle over ice cream. The she noticed
decomposed body of snail emerging from bottle (Olusegun and Olubiyi, 2017). Mrs Donoghue
suffered from personal injury due to this incident. She filed a suit of complain against the
manufacturer of the ginger bottle. In this court held that claim made by her is successful and this
made establishment of law of negligence with the help of neighbor test possible. Caparo
Industries pIc v Dickman in this case Caparo industries purchases shares in in Fidelity Plc in
reliance of the accounts which stated that the company had made a pre-tax profit of £1.3M. In
fact Fidelity had made a loss of over £400,000. Caparo brought an action against the auditors
claiming they were negligent in certifying the accounts. In this case court held that their was no
duty of care and was not sufficient between Caparo and auditors. In this case the auditor was not
aware about assurance of Caparo nor and the purpose they use the account. Anothre case law is
Condon v Basi in this claimant has been suffering with a leg injury during an tackle with the
defendant when an football match was going on. In this claimant played for Wanderers and the
Defendant for the Khalso Football Club. Both clubs took part within the Leamington local
league. In this the standard of care is been targeted and claim was launched for it. In this case
court held that standard of care is required to be checked as per the level of expertise over
players. In this defendant is been held liable over breach of duty since the tackle was reckless
and regarding standard excepted local league player. In this participation is to be taken over

making acceptance with risk of injury inherent upon sporting activities and does not accept risk
of injury which is outside the rules of game. The above discussion proves about that negligence
is an act which is been performed only when omission of the act is been done on behalf of
it(Rota, 2016).
Tort law is the area of the law that covers most civil suits. Generally, every claim that
arises in civil court, with the exception of contractual disputes, falls under tort law. The concept
of this area of law is to redress a wrong done to a person and provide relief from the wrongful
acts of others, usually by awarding monetary damages as compensation. The original intent of
tort is to provide full compensation for proved harms. Lawsuits involving contracts fall under
contract law. Tort law can be split into three categories: negligent torts, intentional torts, and
strict liability torts. Negligent torts encompass harm done to people generally through the failure
of another to exercise a certain level of care, usually defined as a reasonable standard of care.
Accidents are a standard example of negligent torts. Intentional torts, on the other hand, refer to
harms done to people intentionally by the willful misconduct of another, such as assault, fraud,
and theft. Duty of care refers to the circumstances and relationships which the law recognises as
giving rise to a legal duty to take care. A failure to take such care can result in the defendant
being liable to pay damages to a party who is injured or suffers loss as a result of their breach
of duty of care. To justify duty of care an case has been explained as follow: Topp v London
Country Bus in this case the defendant was a mini-bus driver in a lay-by overnight. It was
unlocked and the keys left in the ignition. It was unlocked and the keys left the ignition. The
driver was expected to pick the bus but he did not turn up for shift. Thieves stole the bus an
drove it away. Unfortunately bus knocked a women off her bicycle and killed her. Husband of
the women brought an action for damages. In this case it was held by the court that bus company
did not own a duty of care for the act of third party. As it w snot to be predicted that thieves are
going to stole bus and run a women off her bicycle. These laws has been applied within the
above case in a way that contract has been formed between parties but was discharged as they
were not willing to continue the contract. Negligence as law of tort is applied in the situation
where Bruce knowingly let Jackie drive the car. Also in this case duty of care has been applied.

CONCLUSION
From the above discussion it can be concluded that contact laws are the laws that has
been used in order makes agreements formed between parties and in this contracts is discharge
by performance. Then tort law is applied in relation to negligence and duty of care.
REFRENCS
Alberts, W., 2017. Reconstruction, critical accommodation or business as usual? Challenges of
criticisms of the World Religions Paradigm to the design of teaching programmes in the
study of religions. Method & Theory in the Study of Religion. 29(4-5). pp.443-458.
Ali, N. and Suleman, R., 2017. (Im) Mobilities of Older Pakistani Female Migrants and Material
Culture: a Multigenerational Perspective on Gift‐Giving. Population, Space and
Place. 23(5). p.e2067.
Ho, S. M. and Chan, H. C. O., 2017. A combined etic-emic approach to psycho-
criminology. Psycho-Criminological Perspective of Criminal Justice in Asia:
Research and Practices in Hong Kong, Singapore, and Beyond. p.287.
Huang, J. L., Ran, S. and Liu, M., 2019. Vocational interests in a global business
enVironMent. Vocational Interests in the Workplace: Rethinking Behavior at Work.
p.224.
Olusegun, O.O. and Olubiyi, I.A., 2017. Implications of genetically modified crops and
intellectual property rights on agriculture in developing countries. Journal of African
Law. 61(2). pp.253-271.
Rota, A., 2016. Religion as Social Reality: A Take on the Emic–Etic Debate in Light of John
Searle’s Philosophy of Society. Method & Theory in the Study of Religion. 28(4-5).
pp.421-444.