Negligence and Vicarious Liability Act - Report
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Added on 2020-01-28
Negligence and Vicarious Liability Act - Report
Added on 2020-01-28
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Table of ContentsIntroduction..........................................................................................................................................3LO1.......................................................................................................................................................31. Stating the importance of the essential elements of contract.......................................................32. Discussing the impact of the different types of contract .............................................................43. Analyzing the different terms of the contract .............................................................................4LO2.......................................................................................................................................................54. Applying the elements of contract in the given case situations...................................................55. Applying the law on terms in the given contracts ......................................................................56. Evaluating the effect of different terms of contract ....................................................................5LO3.......................................................................................................................................................67. Explaining the differences between the contractual and tort liability..........................................68. Stating the ways through which liability for negligence arise and conditions which claimant needed to prove negligence..............................................................................................................69. Explaining the meaning of vicarious liability and ways through which business can be vicariously liable..............................................................................................................................7LO4.......................................................................................................................................................710. Applying the elements of the tort of negligence and defences in the given case situations ....711. Applying the elements of vicarious liability in the given case scenario ...................................8CONCLUSION....................................................................................................................................8References..........................................................................................................................................102
INTRODUCTIONContract is enforceable by law only when it satisfies the essential aspects of the contractsuch as offer, acceptance, legal intention and consideration. In this regard, people who are willing tomake contract are required to follow all these aspects. It enables them to create legal binding witheach other (Clarke and Lancaster, 2013). Contract usually takes place in the written format whichprovides high level of relief to the people in the case of any default which is made by the thirdparty. Besides this, negligence, vicarious and occupier's liability are also the main aspects ofemployment contracts. The present report is based on different case scenarios which will discussall essential aspects which contractual parties are required to consider while framing the legalrelationship. Further, it will also develop understanding regarding various types and terms of thecontract. This report will shed light on the aspects or elements of negligence and vicarious liabilityact. LO11. Stating the importance of the essential elements of contractContract may be defined as a written or spoken agreement which takes place between two ormore competent parties. Agreement is enforceable by law when it satisfies the following aspectswhich are enumerated below:OfferIn order to make a valid contract, there must be an offer between two or more competentparties. In this, one party shows his feeling in relation to make a legal relationship known as offeror,whereas another one is termed as offeree to whom offer is made (Hagenhoff and et.al., 2014). Byreferring the case of Fisher V Bell invitation to treat constitutes the offer. AcceptanceLegal binding takes place only when, offeree accepts the offer which is made by an offeror.In the absence of acceptance there is no contract between people. Judgement of the case of Brogdenv Metropolitan railway (1877) shows that offeree can give acceptance in any form such as oral,written etc. Valid consideration For the legal bindings, contract must be based on legal consideration. Case of Thomas vThomas presents that consideration must have some value which offers benefit to both the parties. Legal intention to create obligationsAccording to the case of Balfour v Balfour, contractual parties must have an intention inrelation to performing task or activities as per the terms of contract (Marks, Marks and Jackson,3
2013). 2. Discussing the impact of the different types of contract Varied form of contracts has direct impact on competent parties in the following manner:Written contract: In this, contractual parties include each and every aspect of the contract inwriting. Thus, if one party makes default in his performance then claimant party can presentsuch contract in the form of evidence (Bix, 2015). Thus, written contract provides morerelief to the innocent party in against the defendant party. Verbal contract: Oral contract may be defined as an agreement in which both the partiesdiscuss terms and conditions in the verbal form. As compared to written contract, in thisinnocent party has no proof to present in front of jurisdiction authority in against to thedefendant party. Distance contract: Under this, legal relationship is formed by the parties through the meansof telephone, e-mail, internet and other electronic aspects (Manesh, 2013). For making suchtype of contract parties highly rely on the availability of electronic devices. Unilateral and bilateral contract: In this contract, both the parties mutually discusscontractual terms and conditions which are termed as bilateral contract. In this, innocentparty can sue another party if they make default in their performance (Unilateral andBilateral Contracts: Examples & Differences, 2016). In unilateral kind of contract, oneparty give promise to another without taking prior permission of him. Whereas, in unilateralcontract offeror is obliged to perform his promise if offeree performs the same. 3. Analyzing the different terms of the contract Usually, there are mainly three types of term which are included in the contract and aredescribed below:Express terms: These terms are those which are agreed by both the parties while mentioningin the contract. Such term may be either in oral or in writing which are highly dependent onthe wishes of contracting parties. In this, each aspect is inserted in the contract in a specificmanner (Rosenbaum, 2012). Hence, if one party makes default in the performance theninnocent party can sue on him for the compensation. Implied terms: It refers to those which are set down by the English law in the form ofdefault rules for contracts. These are the mandatory rules which provide relief to theinnocent party in the case of any default (Wade, 2015). According to this, contractual partiesare required to include such terms while making the contract.4
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