Assignment on Aspects of Contract and Negligence
Added on 2019-12-28
16 Pages4595 Words195 Views
Aspects ofContract andNegligence forBusiness
TABLE OF CONTENTSIntroduction .....................................................................................................................................3Task 1...............................................................................................................................................3Describe the essential element required for the formation of the valid contract.........................3Description of the different type of the contract - ......................................................................53. Define the various term and their effect..................................................................................6Task 2...............................................................................................................................................7Case study....................................................................................................................................7TASKS 3 AND 4.............................................................................................................................91) Contrasting liability in tort with contractual liability..............................................................92) Explaining the nature of liability in negligence....................................................................103) Explaining the vicarious liability of a business.....................................................................114) Applying the elements of tort of negligence to the case scenario.........................................115) Applying the law of vicarious liability to the case scenario..................................................12Conclusion ....................................................................................................................................12REFERENCES..............................................................................................................................132
INTRODUCTION In the present study is about the various aspect of the contract law and the negligence law forbusiness aspect. This is essential law for every type of the business because its each term use inroutine life of the organisation (Taylor, 2011). This provision ensures the fair conduct ofperformance of the agreement by the both the party. There is the present study is described thelegal norm under the contractual law therefore the innocent party of the contract ensure the wellperformance by following the all legal term along with it describe the case study for the betterunderstanding of the contractual and negligence law.TASK 1Describe the essential element required for the formation of the valid contractEssential element of the contract is important in the contract because agreement neverconvert into the contract. The contract important aspect all contract may be agreement but allagreement may or may not be a contract (Coleman, 2010). Hence, the following the importantaspect of the contract without mixing it with agreement that is not possible to become thecontract-1.Offer– it is the initial point stage where party start process for the contract which bindingto the offer-or party for the performance of the contract. It is the act where one of theparty express their willingness to do or not to do for particular task. It may becommunicate by party by any of the way like telephone, letter, post etc. and also it can berevoke any time before reaching another party (Damiano, 2013). It must be lawful,possible, moral etc.Invitation of the offer – it is differed from the actual offer. An offer confirmation becomeagreement while invitation to offer approval become offer which not binding to thecontractual party.Counter offer – party exchange their offer to each other without the acceptance than itbecome the counter offer nevertheless condition of the both the offer is same.--impact – it is essential and initial stage of the contract law. Every contract is based uponthe offer. Without it not possible to establish the contractual relationship3
--cases - Harvey v Facey [1893] UKPC 1 Case summary state that offer is separatefrom invitation of the offer.1.Acceptance – offer is said to be a convent if it is accepted by the other party (Giliker,2010). Once it accepted than both the party obligated for the performance of their termbut it must be accepted as the offer condition otherwise it becomes counter offer. As perthe case of Hyde v Wrench in that contract never become valid perform because of thereis acceptance was modified. Generally silence not treat as the acceptance except twocasesSilence is equal to speaking.Speaking is necessary. --Impact – every offer confirmation is become acceptance and obliged to the both the party.--case - Felthouse v Bindley [1862] to the case silence generally treat as the acceptance.1.Consideration – in the lawful term, something in exchange of the promise by both party.As according to law it must be sufficient but never be anything or adequate therefore itmust be suitable for the other party in the contract (Xinbao, 2010). It should be asaccordance with law. In the case of Chappell v Nestle [1960] state that validity isconsidered only by the fairness (Contractual agreement - offer and acceptance, 2016). It must not be pastIt must be move from the promisee.Existing public duty and contractual will not amount to be a valid contract.Part payment is not treat as the valid contract.–impact – no consideration than there is no contract exist.--case - Ward v Byham [1956] state that consideration must be sufficient.1.Intention – party of the contract intention must be lawful where both the party mayobliged to each other for the performance of the contract (Xinbao, 2010). In this socialpromise, charitable etc. are not the part of the contract. Absence of it, contract can not beenforceable by the law (Zoll, 2012).2.privity – according to these principal, only contractual party can binding to each other forthe performance of the contract therefore the other party can not bind for the performance4
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