Vicarious Liability for Harm Caused to Coworker
Added on 2020-01-07
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ASPECTS OF CONTRACT & NEGLIGENCE FORBUSINESS1| P a g e
TABLE OF CONTENTSIntroduction:....................................................................................................................................................Task 1.............................................................................................................................................................1.1 Formation of contract and the importance of the various elements which has to bepresent to form a contract to Peter Abraham:.............................................................................................1.2 The impact of various kinds of contracts to Peter Abraham:................................................................1.3 The different terms in contracts and their effects with reference to Peter Abraham:.....................................................................................................................................................................Exemption clause:...........................................................................................................................................Task 02:..........................................................................................................................................................2.1 Elements of the contracts:........................................................................................................................2.2 Apply the law in terms of the case 03 and 04:......................................................................................2.3 The effect of different terms in the given contracts:..............................................................................Task 3.............................................................................................................................................................3.1 The difference between tort and contractual liability:............................................................................3.2 The nature of liability in negligence:....................................................................................................3.3 Health and safety officer being vicariously liable:...............................................................................Task 04:........................................................................................................................................................4.1 Application of the elements of the tort of negligence to the Mr Brown:...............................................4.2 APPLICATION of the law of vicarious liability to the case 08 and 09:................................................Conclusion....................................................................................................................................................References....................................................................................................................................................2| P a g e
INTRODUCTION:The report is based around the identification of key practices, disregard, and the elements presentin the agreement, which are very necessary. Currently the context of business is experiencing thepressure with relation present among several individuals and the firms (Chan, 2009). The validcontracts offer the firms and individuals with the evidence that this is enough related to theappearance of the requirements which is focused over mutual meetings linked to the view of howthese scenarios which are destructive can get examined. In a similar way, the agreements, whichare under court, are legal. This report has the key purpose to provide better data and otherinformation related to contract laws along with the fundamental guidelines that enhances amongevery situation. TASK 11.1 FORMATION OF CONTRACT AND THE IMPORTANCE OF THE VARIOUS ELEMENTS WHICH HAS TO BE PRESENT TO FORM A CONTRACT TO PETER ABRAHAM:Some of the elements of the contract are provided to Peter Abraham that establishes the contractthat is valid. There exist many essential elements in a contract that makes it as a lawful andbinding file. Peter Abraham is required to focus over the elements of contract for creating a validthat is contracting. The element of the contract includes:There is a specification by an offer in depth that actually what will be provided.The contract acceptance that second partner created in opposition to the established offer.Any type of the thing, which is exchanged among the parties such as the money of consideration.The elements include:Offer:3| P a g e
This is the basic element of contract which initiates the process of development of a contract.The offeror transmits his intention to enter into a contract to the other party, in an effectivemanner. However, as held in Harvey v. Facey (1893) an offer shall be distinguished from aninvitation to offer. The latter is not an element to contract, and cannot be accepted to proceed theprocess of formation of contract. Acceptance:In response to an offer, the other party is under an obligation to make an unconditional andunqualified acceptance. It is shall be communicated to the offeror in an effective manner, and thesame shall be an unaltered agreement on the specific terms of the offer (Caliendo, 2011).Consideration:This reflects the promise and the incentive for performance of the promise between the involvedparties. One of the parties gain from this consideration and the other suffers a detriment. Inaccordance to the law laid down in Re McArdle (1951) a consideration shall be completelylawful as well as valid in nature.Consent of Parties:It is imperative for the parties to agree on the same object and terms of contract. Moreover, thereconsent to enter into the relationship shall not be through misrepresentation or fraud. Competence of Parties:All the parties involved in the contractual relation shall have the capacity to form a valid contractin the eyes of law. They shall not be under age, mentally or financially incapable. 1.2 THE IMPACT OF VARIOUS KINDS OF CONTRACTS TO PETERABRAHAM:Face to Face:Definition: In each agreement it is necessary to make it in type of contract like in writing, hencethe contract exist between the parties, which is litigate regarding the reimbursements.Explanation: In case Peter Abraham makes a contract, which is written for the business purposeand it is specified under the contract that is written in which each party needs to agree with the4| P a g e
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