UNIT 5: Aspects of Contract and Negligence For Business

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LondonSchoolof Science & TechnologyAssignment Front CoverQualificationUnit number and titlePearson BTEC Level 5 HND Diplomain Business (QCF)UNIT 5:Aspects of Contract and Negligence ForBusiness – Level 4Student name and ID numberAssessor nameChi-Ming TanDate issuedCompletion dateSubmitted on18thSeptember201513thDecember 2015 by5.00pmInternal VerifierDr George PanagiotouAssignment titleBusiness Contract LawInstructionsAn electronic copy of your assessmentmustbe fully uploaded bythedeadline date and time.You must submitonesingle PDF or MS Office Word document.Any relevant images or screenshots must be included within thesame MS Office Word or PDF document.The last version you upload will be the one that is marked. Yourpaper will be marked if you have indicated this as your finalsubmission.Review the mitigating circumstances policy for informationrelating to extensions.The file sizemustnot exceed 20MB.Answer the criteria in order, clearly indicating the pass criterianumber.Ensure that all work has been proof-read and checked prior tosubmission.Ensure that the layout of your documents are in a professionalformat with font style Arial, font size 12 for the text, font 14 forsub heading and font 16 for main heading, line spacing 1.5 andjustified.Use the Harvard referencing system; otherwise it will beconsidered as plagiarised work.Ensure that you back-up your work regularly and apply versioncontrol to your documents.Ensure that any file you upload is virus-free, not corrupted andnot 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 sourcesare fully acknowledged.Student signature:Date:1Pearson BTEC Level 5 HND Diploma in Business (QCF) Aspects of Contract and Negligence Unit 5 Autumn 2015
LondonSchoolof Science & TechnologyIntroduction and guidanceThe unit introduces the law of contract, with a particular emphasis on the formationand operation of business contracts. Learners are encouraged to explore the contentof these agreements and then develop skills relating to the practical application ofbusiness contracts, including offer, acceptance, intention, consideration andcapacity. Relevant case law examples will be covered. Learners will consider whenliability 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 itsterms. Additionally, the unit will enable learners to understand how the law of tortdiffers from the law of contract and examine issues of liability in negligence relatingto 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
LondonSchoolof Science & TechnologyTask OneWrite a reportLO1Understand the essential elements of a valid contract in a business context.LO2Be 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 wroteto Bill offering to buy it for £80,000. Bill replied by return of post saying he wouldaccept £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. Themorning that she received the letter Liza wrote to Bill agreeing to buy for the askingprice, 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 theUK and explain theirimportance.Include an explanation of what is meant by ‘aninvitation to treat’ with reference to the scenario above.1.2In the report, identify and discuss the main types of contracts that may beentered into in the UK by individuals and businesses and discuss theirimpact.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
LondonSchoolof Science & TechnologyTask TwoShort AnswersLO1Understand the essential elements of a valid contract in a business context.LO2Be 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 theopening night and was not able to perform for the first four nights. The Royal AlbertCompany replaced Joyce DiDonato.Subsequently Joyce DiDonato sued the Royal Albert Hall Company for Breach ofcontract.Subsequently Joyce DiDonato, agreed by contract to perform as an opera singer foranother company. She again became ill and missed 6 days of rehearsals. Theemployer 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 £286on 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. Theclaimant had planted corn and Barley on the fields and worked the fields to ensurethe crops would grow. Before the field was due to be harvested the tenancy wasterminated. 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 defendantrefused to pay stating there was nothing in the tenancy agreement stating that suchcompensation was payable.Task Two: Short AnswersThe following must be included in your answers:1.3/2.2 Analyseterms 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.2.3Evaluatethe 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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