UNIT 5: Aspects of Contract and Negligence For Business
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Added on 2019-09-26
London School of Science & Technology Assignment Front CoverQualificationUnit number and titlePearson BTEC Level 5 HND Diploma in Business (QCF)UNIT 5:Aspects of Contract and Negligence For Business – Level 4Student name and ID number Assessor nameChi-Ming TanDate issuedCompletion dateSubmitted on18th September 201513th December 2015 by 5.00pmInternal Verifier Dr George PanagiotouAssignment titleBusiness Contract LawInstructionsAn electronic copy of your assessment must be fully uploaded by the deadline date and time.You must submit one single PDF or MS Office Word document. Any relevant images or screenshots must be included within the same MS Office Word or PDF document.The last version you upload will be the one that is marked. Your paper will be marked if you have indicated this as your final submission. Review the mitigating circumstances policy for information relating to extensions.The file size must not exceed 20MB.Answer the criteria in order, clearly indicating the pass criteria number.Ensure that all work has been proof-read and checked prior to submission.Ensure that the layout of your documents are in a professional format with font style Arial, font size 12 for the text, font 14 for sub heading and font 16 for main heading, line spacing 1.5 and justified.Use the Harvard referencing system; otherwise it will be considered as plagiarised work.Ensure that you back-up your work regularly and apply version control to your documents.Ensure that any file you upload is virus-free, not corrupted and not protected by a password otherwise it will be treated as a non-Learner DeclarationI certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student signature: Date:1Pearson BTEC Level 5 HND Diploma in Business (QCF) Aspects of Contract and Negligence Unit 5 Autumn 2015
London School of Science & Technology Introduction and guidanceThe unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it.2Pearson BTEC Level 5 HND Diploma in Business (QCF) Aspects of Contract and Negligence Unit 5 Autumn 2015PLEASE REMEMBERCHECK THAT YOUR ANSWERS MEET THE CRITERIACOMPLETE THE ASSIGNMENT CRITERIA AS YOU GO ALONGDO NOT LEAVE THINGS TO THE LAST MINUTE
London School of Science & Technology Task One Write a reportLO1 Understand the essential elements of a valid contract in a business context.LO2 Be able to apply the elements of a contract in business situations.Scenario:Bill advertised a printing press in a specialist trade journal for £100,000. Cathy wrote to Bill offering to buy it for £80,000. Bill replied by return of post saying he would accept £90,000. When he heard nothing from Cathy, Bill wrote again saying he would accept £80,000.Bill wrote specifically to Liza offering for sale an office computer for £550. The morning that she received the letter Liza wrote to Bill agreeing to buy for the asking price, she posted the letter later that day.Task One -- Write a ReportAs a Junior Legal Executive in a small law firm, write a report to yourmanager including the following:1.1What are the essential elements required for the formation of a contract in the UK and explain their importance. Include an explanation of what is meant by ‘an invitation to treat’ with reference to the scenario above.1.2 In the report, identify and discuss the main types of contracts that may be entered into in the UK by individuals and businesses and discuss their impact.2.1Discuss the above scenarios in detail and apply various elements of a contract. In other words are the contracts between ‘Bill and Cathy’, and ‘Bill and Liza’ valid? MERITS AND DISTINCTIONSM3Use a report format throughout task one.D2In the report, add an exploration and explanation of the term of the term ‘promissory estoppel’using case law to support your explanation. 3Pearson BTEC Level 5 HND Diploma in Business (QCF) Aspects of Contract and Negligence Unit 5 Autumn 2015
London School of Science & Technology Task TwoShort AnswersLO1 Understand the essential elements of a valid contract in a business context.LO2 Be able to apply the elements of a contract in business situations.Scenario A:Opera singer Joyce DiDonato entered into a contact to perform as an opera singer for3 months for the Royal Albert Hall company. She became ill five days before the opening night and was not able to perform for the first four nights. The Royal Albert Company replaced Joyce DiDonato. Subsequently Joyce DiDonato sued the Royal Albert Hall Company for Breach of contract.Subsequently Joyce DiDonato, agreed by contract to perform as an opera singer for another company. She again became ill and missed 6 days of rehearsals. The employer sacked her and replaced her with another singer. Again Joyce DiDonato sued for Breach of contract.Express and Implied TermsThe parties entered an agreement whereby Scammell were to supply a van for £286 on Hire Purchase (HP) terms over 2 years and Ouston was to trade in his old van for £100. There was then some disagreement and Scammel refused to supply the van.The claimant was a farmer who had a tenancy on the defendant's fields. The claimant had planted corn and Barley on the fields and worked the fields to ensure the crops would grow. Before the field was due to be harvested the tenancy was terminated. The claimant then submitted a bill to the defendant for the work and costof seed spent on the field as was customary in farming tenancies. The defendant refused to pay stating there was nothing in the tenancy agreement stating that such compensation was payable.Task Two: Short AnswersThe following must be included in your answers:1.3/2.2 Analyse terms in contracts with reference to their meaning and effect. What would be the impact of such terms? Use these in reference to the casesabove and apply the law on these terms in these two contracts. 2.3 Evaluate the effect of Expressed and Implied terms using the cases above.4Pearson BTEC Level 5 HND Diploma in Business (QCF) Aspects of Contract and Negligence Unit 5 Autumn 2015
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