Aspect of contract and negligence
Added on 2020-01-28
13 Pages5053 Words292 Views
ASPECT OFCONTRACT ANDNEGLIGENCE1
TABLE OF CONTENTSINTRODUCTION ...............................................................................................................................5TASK 1.................................................................................................................................................51.1....................................................................................................................................................51.2....................................................................................................................................................51.3....................................................................................................................................................6TASK 2 ................................................................................................................................................72.1....................................................................................................................................................72.2 ...................................................................................................................................................82.3 ...................................................................................................................................................9TASK 3 ..............................................................................................................................................103.1..................................................................................................................................................103.2..................................................................................................................................................103.3...................................................................................................................................................11TASK 4...............................................................................................................................................114.1...................................................................................................................................................114.2..................................................................................................................................................12CONCLUSION .................................................................................................................................12REFERENCES...................................................................................................................................132
INTRODUCTION Aspect of contract and negligence is defined as a process of making agreements betweentwo parties (Winfield, 2006). It is assertive that all individuals who get involved in doing contractwith each other should follow a systematic and legal procedure. A business organization faces manylegal issues while executing their operations (Lai, 2015). Contract is a legal agreement signedbetween two or more parties for accepting terms and conditions of the business. Present reportdescribes about various elements of contracts that needs to be considered while making agreements.In addition to this nature of liability in negligence is also mentioned and vicarious liabilities of acompany are also described. Furthermore elements of tort of negligence and defences have beenapplied in different business conditions. TASK 11.1Peter Abraham is looking for starting a self-employed building contractor work and forachieving this objective, it is required that he should have proper knowledge about formation ofcontract (Lupton, 2013). It is critical that various aspects of contract should be known to him so thathe can execute operations of the business in a successful manner. A contract is formed by asystematic process and legal guidelines are followed while making written agreement with anotherparties. An agreement is signed between two or more parties and they accept certain conditions andterms for making contract with each other. The essential elements of contract include OFFER whichis defined as proposal given by one party to another (Marks, Marks and Jackson, 2013). It is criticalthat offer must be clear and complete and all terms and condition should be properly mentioned inthe contract. The offer must be lawful and valid and should be acceptable for all individuals who getinvolved in signing a contract with each other. ACCEPTANCE is another significant element ofcontract which is defined as a positive response given by individual or a party towards the offermade to them (Liau, 2015). Capacity is one more important element and it is defined as an ability of an individual or aparty to enter into a contract. There are some legal restrictions which are mandatory to follow for allthe individuals involved in contract (Gruneberg, 2013). A minor who is less than 18 years of age ora person who is of unsound mind are declared ineligible for making an agreement. Furthermore, anyperson who is facing criminal charges and declared as a criminal is also not eligible for signing anagreement. Moreover, any person who is under influence of drugs and other goods like alcohol andother additions also lack the ability to enter into a valid contract. Consideration is one more3
significant element which Peter Abraham needs to consider while making agreements. Somebenefits are exchanged between parties who get involved in making a contract and the benefits andadvantages exchanged between parties are known as consideration (Bennett, 2014). 1.2Peter Abraham wants to open a self-employed building contractor business and it is requiredthat he should be aware of various procedures that are needed to be followed while makingagreement with each other (Berger and Lester, 2015). Various impacts are observed and consideredwhile forming a contract. A contract can be made in a written format or by a verbal method.Nowadays various organizations are adopting online agreement methods under which cost and timeeffective methods are used for making a contract with each other. In a written contract, all the termsand conditions are mentioned in a document and parties involved in the agreement accept and signthem. Oral contracts are done between individuals and parties in a verbal manner. Variousconditions of the business are discussed in an oral manner and it is considered valid for doingbusiness operations (Vashist and Talwar, 2014). Distance selling contract is made by making the useof telephone, faxes and internet and it can be used for making agreements for selling goods andservices. While initiating a business, it is required that appropriate employment contract should besigned between the employer and staff members of company and it is essential that Peter Abrahamshould sign employment contract with their workers (Martin and Linden, 2015). Under the terms ofpayment, working conditions and hours are decided with the staff members. Under distance selling,contract required information and details which are provided to the consumers and clients deserveright to cancel the order. The seller needs to deliver goods within an appropriate time schedule andit is mandatory that all the requirements of client should be fulfilled in a proper manner. Marketingagreements are signed in between business to business and major objective for making suchcontract is to decide the terms and conditions for selling commodities of enterprise (O'malley,2012). 1.3Various terms are used in a contract which are vital to be known for Peter Abraham and it isrequired that he should have proper understanding of the same. Different types of terms included ina contract are as follows-Condition: It is defined as the major objective for making a contract and it is vital that itshould be clearly defined (Connolly and Hoar, 2014). If any party breaks the conditions of contractthen another one can made a legal claim against another. The individual or party who gets injured4
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