( Solved ) Aspects Of Contract And Negligence For Business
Added on 2019-12-28
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Aspects Of Contract AndNegligence For Business1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................3TASK 1............................................................................................................................................31.1 Essential elements of contract (1.1).......................................................................................31.2 Different types of contract (1.2).............................................................................................41.3 Terms of contract (1.3)..........................................................................................................4TASK 2............................................................................................................................................52.1 Applicability of essential elements of the contract in the given case situation (2.1).............52.2 Applicability of contractual terms in the given scenario (2.2)...............................................62.3 The effect of different terms and remedies available (2.3)....................................................6TASK 3............................................................................................................................................73.1 Difference between tort liability and contractual liability (3.1)............................................73.2 Nature of liability in negligence (3.2)....................................................................................73.3 How a business can be vicariously liable in the given case scenario (3.3)............................83.4 Element of tort of negligence to the scenario (4.1)................................................................93.5 The law on vicarious liability to the scenario (4.2).............................................................10CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................122
INTRODUCTIONIn order to protect the right of innocent parties from the different unfair practices,government has been enforced different legal regulations within the contract that are necessary tobe followed by the both parties (Beatty, 2012). However, legislation framed by the governmentwill also defend the right of weaker parties who is affect with the unfair or illegal activities. Forthis prospect, British parliament has enforced different laws of contract as well as negligence thatare mandatory to include at the time of establishing business. Presently the report will coversdifferent elements of a valid contract as well as their role in formulating a valid contract.Furthermore, the report will also focus on measuring the principles of liability in negligence inbusiness activities. For this prospect, it will also explain appropriate aspects of contract andnegligence that are relevant to given case references. TASK 11.1 Essential elements of contract (1.1)Contract is defined as the legal documentation between two or more parties so that theymay easily fulfill their requirements (Burton, 2008). For formulating a valid contract, partiesmust focus on the different elements that are-Offer and acceptance: One of the essential element that is being required to form a validcontract is offer as well as acceptance of the offer. Offer is termed as a proposal given byone party to the other party. While, acceptance is generally termed as the respond that isprovided by second party against to the offer. Consideration: For formulating a contract, it is essential that both the parties that areentering into a contract must be supported with gaining mutual benefits. However, boththe parties also have right to specify their own terms and conditions according to theirrequisites (McKendrick, 2014). Competency of parties: Another essential element of valid contract includes competencyof the parties to enter in the contract. According to that, parties must be above 18 to enterinto the contract. Competent parties mainly involve individuals or parties with soundmind who are entitled to enter into a valid contract (Raz, 2010). However, any minor,3
lunatic or alcoholic person may not enter into a contract as they are not accountable tocreate legal relationship. 1.2 Different types of contract (1.2)Contract mainly considers as a combination of written as well oral promises (Twerski,2006). Basically there are different form of contract and each of them has significant role in thebusiness. Different form of contract are:Face to face and distance contract: Under face to face contract, all the parties are presentwhile formulating a legal contract. In order to directly involve the parties in discussion,business parties often consider face to face contract. However, this contract is highlydependable as it mainly focuses on mentioning the terms and conditions that have to bebided on both the parties. Verbal and written contract: Verbal contract is being settled in the ground of havingverbal discussion among the different parties. This type of contract lack the evidence ofrepresented terms to enter into a valid contract. However, in written contract a deed orproper written agreement is being formed that express the contractual terms andconditions (Krauss, 2012). Significance of written contract to the business is that it acts asthe proof of agreement between the parties. Bilateral and unilateral contract: Under bilateral contract, parties existing in the contractcollectively and mutually express the terms and conditions within the contract. It mayalso termed as two-sided written agreement. However, under unilateral contract, partyexecutes certain terms and conditions that are legally enforceable by law and parties haveto follow the agreement. 1.3 Terms of contract (1.3)There are different terms that are included while entering into a valid contract. Theseterms are often considered as the standard guidelines that are being complied within the contractso that parties may perform properly (Bridgeman and Goldberg, 2012). If in any situate whereparties are failed to satisfy the terms ad conditions mentioned in the contract, then parties arerequired to compensate for the damages. Different terms of a contract are as follows i.e.; Expressed terms are consider as the terms that are mainly represented by the partieswhich can be in the written and oral form. Parties collaboratively agreed to the different terms ad4
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