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Types Of Contracts , Contractual Liability & Contract Terms | Report

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Added on  2020-02-05

Types Of Contracts , Contractual Liability & Contract Terms | Report

   Added on 2020-02-05

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Aspect of Contract andnegligence Act
Types Of Contracts , Contractual Liability & Contract Terms | Report_1
Table of ContentsINTRODUCTION......................................................................................................................1TASK 1......................................................................................................................................1AC 1.1 Essential elements for the formation of legal contract.........................................1AC 1.2 Impact of different types of contract....................................................................2AC 2.1 Advice to InXs......................................................................................................2AC 1.3, 2.3 Terms of contract...........................................................................................2AC 2.2 Advice to InXs Ltd. for the validation of exclusion clause..................................3TASK 2......................................................................................................................................3AC 3.1 Difference between obligation and negligence....................................................3AC 2.2 Elements that required to present claimant for negligence..................................4AC 4.1 Advice to Fiona for claiming her injuries............................................................4AC 4.2 Defences for Country Pine Ltd.............................................................................4AC 3.3 Doctrine of vicarious liability...............................................................................5AC 4.2 Advice CP for the damages caused by Jeason.....................................................5CONCLUSION..........................................................................................................................5REFERENCES...........................................................................................................................6
Types Of Contracts , Contractual Liability & Contract Terms | Report_2
INTRODUCTIONContract is a legal agreement between two or more persons which is enforceable bylaw. In this legal agreement, both the parties have legal rights towards each other. The reportdescribes the essential elements such as offer, acceptance, consideration and intention tocreate legal relationships between parties that are required to form a legal contract.Moreover, the report will discuss different types of contract, contractual liability, liability innegligence and vicariously liabilities. Furthermore, the types of contract terms are alsodiscussed in this report. TASK 1AC 1.1 Essential elements for the formation of legal contractThe essential elements of the contract are explained below:Offer and Acceptance:Offer is an expression or willingness of a person to enter into acontract on certain terms. The person who makes offer to another person is called offeror.However, if the mentioned terms are agreed by the offeree it is called as acceptance (August,Mayer and Bixby, 2009).As per the given scenario, InXs ltd. has asked Country pipe Ltd to send a quotationprice for dining tables, chairs and barstools. CP Quoted a figure of 45000£ but InXs repliedthat they will pay 42000£ to them. Therefore, they will send a contract form to CP which willbe considered as an offer. The CP accepted the offer orally not in written as they did not signthe contract. Thus, it is clear that in this contract both the parties agreed on same terms andsame price and form a legal agreement. Consideration: All the agreements do not form any legal contract because despitefrom the agreement there are some additional elements which are required to create a legalcontract (Schaffer and et. al., 2011). Consideration is one of them that are considered assomething in return. As per the given scenario, Inxs Ltd. consideration is about dining tables, chairs andbarstools. However, CP’s consideration is to receive the prices for the given products.Free consent:Consent of the parties will not be made up of any fraud, mistake ormisrepresentation (Miller, 2012). As per the given scenario, Country pine Ltd. give freeconsent to InXs. Legal relation:The parties must have an intention to create legal relationship with eachother (Mondal, 2014). In the given scenario, Country Pine Ltd and Inxs Ltd. have an intention1 | P a g e
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