Negligence Law and Its Applications
Added on 2020-01-23
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TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1.................................................................................................................................................31.2.................................................................................................................................................41.3.................................................................................................................................................5TASK 2............................................................................................................................................62.1.................................................................................................................................................62.2 & 2.3......................................................................................................................................7TASK 3............................................................................................................................................73.1.................................................................................................................................................73.2.................................................................................................................................................83.3.................................................................................................................................................9TASK 4..........................................................................................................................................104.1...............................................................................................................................................104.2...............................................................................................................................................11REFERENCES..............................................................................................................................122
INTRODUCTIONThe English Legal System mainly focuses on the provision of different laws such as thelaw of contract, law of tort and the law of agency (Huang, Yang and Zhang, 2012). The law ofcontract is essential for the business as well as contractual parties those who are agreeing into thecontract so that they may perform proper activities so that it might not impact the other party.The law of contract also protect the interest and right of the weaker party from the offensiveaction performed by the other party. The present report focuses on different scenario that wouldsupport in analysing the key elements and terms within the contract. Along with this, report willalso focuses on the explaining different types of contract that must be formulated by the parties.Moreover, different terms within the contract is also assessed by the parties so that they mayeasily engage in the formation of valid and legal contract. Lastly, it will also focuses oncontrasting the liability in contract with the tort liability as both are the different in nature but thekey similarity among both of them is that they protect the interest of innocent party. TASK 11.1As per the Law of Contract it has been assessed that for formulating the valid contract itis essential to meet the different elements of the contracts. The contractual agreement is said tobe valid in the circumstances when it possess the elements as well as enforceable by the judicialproceedings. All the elements plays significant role in the contract as it support in demonstratingthe legality of the contract (Oya, 2012). The elements includes-Offer and Acceptance- The key element required for formulating the valid contractinclude offer and acceptance. The term is offer is defined as the proposal that is given orprovided by the party to specific individual or to general public. Therefore, in thesituation when the individual or party accept the offer that is provided by the offeror thenthere is formation of the legal and valid contract. Through considering the case scenarioof Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 it has been statedthat advertisement or showcase of the products or goods will not be consider as the offer.According to the judicial proceeding it is termed as invitation to treat (Soares, 2015). 3
Competency of parties- Another essential element in the formation of contract includecompetency of the parties. In which the law has stated that parties must only be enteredinto the contract if they are competent in nature that is they have attain the age of 18years, must be of sound mind at the time of formulating the contract, the person may notbe in the drunken or lunatic etc. If all the conditions are met by the party then they areeligible for formulating the valid contract (Gross and Lentin,2012). Intention to create legal relationship- Another essential element accordant with the Lawof Contract include intention of the parties while formulating the contractual agreement.In the situation if there is illegal intention of the parties then the contract is not consideras valid in the situation. The legal authorities has stated that agreement that wasformulated on the ground of social and domestic nature do not consider as the legalrelation (Sheblé, 2012). 1.2The legal representative has stated that there are different types of contract that isformulated by different parties within the business organization it mainly include- Unilateral and Bilateral contract- The key type of contract is unilateral and bilateralcontract. In the Bilateral contract parties within the contract mutually constitutes apromise for rendering effective performance that would benefit both the parties. On theother hand, Unilateral contract are the one in which single party gives the offer to otherparty and they perform their actions by accepting their offer (Leon, Garcia and Marco‐Contelles, 2013). The impact of Bilateral contract is that it mutually benefit both theparties as it represent a promise for a promise. On the other impact of Unilateral contractis that it represent promise for enabling the execution of performance by the other party. Written contract and Verbal contract- Another type of contract include written andverbal contract. The written contract ensure proper formation of contractual deed withstated mutual terms and condition that need to be binding on both the parties. On theother hand, verbal contract is different from the written contract (Lebowitz, 2012). Verbalcontract ensure parties orally agreeing to the terms and formulating the contract withoutany written deed. The impact of written contract is that it act the key proof to the party atthe time of dispute that they have entered into the contract. On the other hand, the impact4
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