Legal Report: Contract and Negligence in Business Scenarios

This report provides a comprehensive analysis of contract and negligence law. It begins by explaining the essential elements of a valid contract, including offer, acceptance, consideration, capacity, and intention to create legal relations, and discusses the impact of different contract types such as face-to-face, written, and distance selling agreements. The report then analyzes contractual terms, differentiating between conditions, warranties, and innominate terms, and explores the role of exemption clauses. The report applies these legal principles to business scenarios, examining contract elements and the effects of tort and contractual liability. Furthermore, it delves into the differences between tort and contract law, the nature of negligence liability, and how businesses can be vicariously liable. Finally, the report examines the elements of tort in negligence and vicarious liability within a business context, providing a detailed overview of the legal framework surrounding contract and negligence, and their practical implications in business settings.

Aspect of contract and
negligence

Table of Contents
INTRODUCTION................................................................................................................................3
TASK 1.................................................................................................................................................3
1.1 explain the importance of essentials elements of valid contract................................................3
1.2 discuss the impact of different types of contracts as requested.................................................4
1.3 analyse the term in contract........................................................................................................5
TASK 2.................................................................................................................................................6
2.1 the element so contract in a given bussienss scenario................................................................6
2.2 apply the law of term in a given contract...................................................................................7
2.3 Evaluate the effect in tort with contractual liability...................................................................8
TASK 3.................................................................................................................................................9
3.1 difference between tort and contract .........................................................................................9
3.2 the nature of liability in negiligence.........................................................................................10
3.3 how business can be vicariously liable.....................................................................................10
TASK 4...............................................................................................................................................11
4.1 Elements of tort in negligence..................................................................................................11
4.2 element of vicarious liability in a business situation................................................................13
CONCLUSION..................................................................................................................................14
REFERENCES...................................................................................................................................15

INTRODUCTION
In the present scenario, aspects of contract have become very essential for individuals.
Furthermore, it can be stated that at the time of formulating any contract or agreement, it is required
by people to take care of several factors (DeMitchell, 2006). Negligence and contract are considered
as one of the crucial and most important part of the entire British legislation. In simpler term,
contract is defined as a legal agreement between two or more person. The present research report
highlights all the essential elements which are required in order to formulate a valid contract. In
addition to this, clear discussion regrading impact of forming different contract is carried out in this
study. The current research also highlights application of various elements of contract according to
the given care scenario. Apart from this, elements of tort in context of negligence are clearly
mentioned in the study carried out.
TASK 1
1.1 explain the importance of essentials elements of valid contract.
A contract is an agreement which is made between two or more parties for a particular
lawful object, which is enforceable by law. The purpose of a contract is to establish the agreement
that the parties have made and to fix their rights and duties in accordance with that agreement. The
court must enforce a valid contract as it made, unless there are grounds that bar its enforcement.
The courts may not create a contract for the parties (Dobson, 2013). When the parties have no
express or implied agreement on the essential terms of a contract. To make a valid settlement it is
required to have below mentioned essential elements while making the agreement:
 Offer: An offer is an expression of readiness to do something which, if followed by
unconditional acceptance of another person, results in a contract. If no time limit is
specified, an offer is valid for a reasonable length of time before the offerer can revoke or
cancel it (Granger, 2015). It is important to note that the offerer cannot take silence as a
form of acceptance. An offer must be distinguished from an invitation to treat which merely
invites other people to make offers but is not in itself an offer.
Case of Offer: Harvey V Facey [1893], in this case the court held that just to determine the
price is not considered as the offer as there should be the intention of the party to invite someone for
a specific transaction.

 Acceptance: there is no contract unless and until the offer is accepted by the person to whom
the offer is addressed (Elements of Law of Contracts, 2012). It can be made by the people in
writing or in oral so the acceptance can be made at any time and at in any mode. (Handford
and McGivern, 2015).
Case of Acceptance: Entorres V Miles Far East [1955], The court gave the judgement that
the acceptance is essential to be given in the contracts.
 Consideration: It is the element in the partners of the agreements make the promise to fulfil
the targets of the agreements and there should be an effective consideration it can be
monetary or non monetary. (Jones, 2012). the further it is to be noted that the consideration
should be equal to the fair values which have been determined by the parties of the contract.
Case of Considration: Chappel v Nestle [1960], it was jeld that the wrrapers were good
consideartion becauise the promotion was designed for seeling more choclates bars, so it is
considred as the tangible commercial value for Nestle.
 Capacity: As per this element the court has made some rules for making the parties of the
agreement to get enter into the contracts. The court has decided the age of 18 for getting
entered into a contract. So the capacity is also an important element for getting entered into
a covenant.
 Intention to create legal relations: As per this element the parties of the contract should have
the intention to get enter into the contract. By this their willingness to make a contract can
be fulfilled. (Kantarelis, 2008). Thus, to make a valid settlement it is important to have a
legal intention to get enter into an agreement.
Case Law Edwards V Skyways Ltd [1964], In this case the court held that the agreements which
have been made must be legally binding on the parties of it.
1.2 discuss the impact of different types of contracts as requested
Impact of contracts in various situations as per the scenario given:
 Face To Face Contracts: If Peter Abraham has a plan to make a face to face agreement then
it would be treated as expressed contract because the elements are specifically stated
including offer, acceptance and consideration (Types of Contracts, 2015). This is pretty
straightforward. Peter Abraham has a plan to become a self employed building contractor

and for this it is important to get agreed upon terms, and are of age and mental capacity to
enter into the contract, and there is nothing illegal. These kinds of contracts are legally less
bound on the parties as these contracts are not having any legal framework under the law.
Case Law: Cundy v Lindsay (1877–78). In it the court held that the agreements are void and it
produced a distinction in the cases where parties are dealing face to face are presumed to make a
contract with each other.
 Written Contract: The impact of this contract is much valid than other. It is the legal contract
and Peter Abraham can make the agreement in writing as he is willing to make a legal
settlement of the contract which is of building contract. So a written contract is much valid
and lawful.
Case Law: Routledge v McKay [1954] The court held that there is lapse of time between making the
statement and getting entered into the contract. Further there was no date mention in the written
contrcat, and the words stated that the transaction considered closed. So the court held that it was
just a representation not the contractual term.
 Distance Selling: This kind of agreements are generally made on internet or telephone. Very
least parties try to enter in these kinds of the contracts. These are the oral contracts, so to
attempt the remedies is crucial in these kinds of the agreements. Thus, it is important to have
all these aspects in making a settlement on the time when It is of distance learning.
1.3 analyse the term in contract
Contractual term are of three types such as conditions, warranties or innominate terms. It is
very important for the parties to take care of the terms so that it can be determined that which terms
are conditions and which are the warranties. (Jeffries, 2013). The remedy is available for the
contracts if the nature of the contractual liability is determined.
 Conditions: These are the roots of the agreements as in it if the contract is breached then the
remedy to the innocent party of the agreement will be provided. (Kelly , Holmes and
Hayward, 2005).
Case: Poussard v Spiers and pond [1876]. the decisions was given by the court that madam
Poussard has breached the liability so Spiers is liable to end the contract.
 Warranties: It is the term which is liable for breaching the agreements of it is done so then
the another party will be held liable for this. Innocent party may ask for the damages of the
warranty is breached in the agreement.
Case Law: Bettni v Gye [1876], The court gave the judgement that Opera was in breach of the

warranty and in this case the innocent party of the contract can ask for the damages.
 Innominate Terms: In this term it is to be noted that the innocent party is deprived by the
benefit of the contract. (McKendrick, 2014). it depends upon the parties to declare any
particular situation as the innominate term as if they say so then the court can give the
judgement that it is just a minor term and for this the breach can not be entertained.
Case Law: The Hansa Nord [1976]. The court gave the judgement that the goods are of the genuine
use and there is no such breach by any of the party. So the action for the damages is enough to
determine the actual position of the case.
 Exemption Clauses: this clause indicates that if the term is inserted in the contract then the
parties of the contract can be held excluded for a particular term. It is disadvantageous for
the contract. (Romano, 2005). the liability can be determined by this clause.
TASK 2
2.1 the element so contract in a given bussienss scenario
In the given scenario there is no agreement exist between the parties. As carol has not made
any valid contract with seller. For making a valid arrangement it is essential to have an offer and
acceptance, there is no such situation in this case as per the given scenario. Thus, in this situation no
valid contract can be made. Offer is one of the elements that make for a valid agreement. Some
offers have specific time limit to be accepted. In the case of time limit the offeree must respond with
acceptance of prior to its expiration or the offer is no longer valid. In technical terms the offer is not
really an offer until it is received by the offeree (Raz, 2010). Thus offer is an open call to anyone
wishes to accept the promise of the offerer and generally is used for products and services.
Acceptance occurs when the offeree expressly accepts the offer made by the offerer. This
binds both parties with the agreement. Consideration is necessary to make an agreement valid.
Signing of a settlement is one way a party may show his assent. Alternately an offer consisting of a
promise to pay someone if the latter performs certain acts which the latter would not otherwise do
may be accepted by the requested conduct instead of a promise to do the act (Siedel and Haapio,
2010.) Thus, as per looking all these criteria it can be concluded that in the given case there is no
contract between carol and seller as they are not fulfilling the legal criteria of the offer and
acceptance in the settlement.
In the case called olley v marlborough court hotel [1949] 1KB 532 it has been held that the
case was for the representation made by one party cannot became term of a contract if made after

the agreement was made. Judgement demands of the consture of notice as the contractual
exemption of the hotel company from their common law liability for negiligence.
In the cse of harvey v harvey [1893] UKPC1 it was held by the court that in order to amount
to an offer it must be shown that the offeror had the intention to be bound and same was held in the
case carlill v carbolic smoke ball co. [1893] 1 QB 256
As per the case there is a agreement between Devi and George, Smith & Fogarty. Devi has
been selected in this firm. He was ready on the promise in the given case thus in this situation there
is a offer and acceptance in the given situation with a valid consideration. But the consideration is
post consideration. Which has still a better impact on the agreement.
Thus, consideration make and an agreement valid. without this no agreement can be made.
In the case there is a offer which is being made by the company and the acceptance exist in it, here
as Devi has accepted the employment in the firm. But the remuneration can be determined as per
the industrial norms. Thus, as per the given case it has been decided that Mr. Gorge can not enforce
a contract in favour of Mr. Perton, as his company has already get enter in a agreement with Devi.
williams v roffey bros [1990 2 WLR 11530 court held that the equity can not be supported
by any consideration.
2.2 apply the law of term in a given contract
Exclusion contracts explains that one party will not be held liable for certain happenings.
(Adams, 2010). These clauses can be valid as long as:
They have been properly included in the contract and are not contrary to law.
To be properly included in the contract, the clause cannot be tacked on after the agreement
has been made. If there is signed settlement containing the clause, this will usually have the effect
of including it. In the given scenario it has been described that the couple has gone to restaurant and
the guy gives his coat to attendant and there is a wallet in that coat in which he has £500. When the
receipt is given to the man then he realised that his wallet is remained in that coat which he has
given to the restaurant man so he gos and checks the coat, he get to know that there is no money in
his wallet so he claims the damages from the restaurant but in this situation he is not liable for the
damages as the restaurant has already mentioned on the back of the receipt that it will not be liable
for any damages. Thus in this case law of exclusion covers and the man cannot claim the damages
from the restaurant.
Example of Exclusion Contract: If the person goes for the public place for parking the car then the
he gets the ticket if he does not look behind it then he will be held liable still for this. So exculsion

clauses are the terms which are to be followed by the parties of the contrcts. [Thronton V Shoe Lane
Parking Ltd.]
Implied terms refers to the terms which are not inserted in the agreements rather the court
has made it mandatory or obvious for the parties to understand these policies. As per the above case
Aaron made significant improvement to the warehouse. Zehphra promised Aaron that he will not
increase the rent for the next 5 years. After a year Zephra died by then the value of the property
have increased in vale partly due to the repairs carried out by Aaron. Yeti inherited the property and
immediately increased the rent. On this Aaron refused to accept the increase claiming that Zephra
promised the rent will not increase for a five years period. In this case Yeti is not liable to increase
the case and if he does so then Aaron is liable to get compensation from him. As here the laws of
implied term applicable therefore the Aaron will be liable for compensation.
In the case of hutton v warren it was held that there was no consideration between the land
lord and the tenant with regard to the allowance to the seeds and labour to keep the land arable and
later on the landlord shall purchase it.
2.3 Evaluate the effect in tort with contractual liability
As per the given scenario policyholder has applied for motor insurance, but he has given the
answer NO about the basic questions which have been asked by insurance company. Such as there
is a clause in the basic document of insurance policy that have the policy holder or anyone who has
driven the car has been involved in any motor accidents or made a claim during last five years. On
these questions the policyholder has given the answers in wrong manner and has aid NO. further
when the car was stolen of the policyholder then the insurer learnt that he had made a theft claim
under this previous motor policy from the start date and has rejected the policyholder's claim. In
the given case the insurance company has the right to void the policy. As the policy holder has not
disclosed about the previous theft claim so it is the default in his name as it is the duty of the
policyholder to disclose all the relevant data about the previous claims. Thus, in this case the
insurance company has right to void the agreement.
In the other case policyholder applied to motor insurance answering now to some questions.
When the insurer investigated a new claim, it came to the light that the car had been fitted with
oversized alloy wheels, spoilers, and chrome wheel arches and that the policyholder's husband a
named driver on the policy had made two significant claims in the previous five years. The insurer
refused to meet the claim and cancelled the policy from its start date (Bar, 2009). The policyholder
stated that she had bought the car with all modifications already fitted and she assumed they were
all part of the car's original specification. She further explained that she did not realise her husband

had made one of two earlier claims and that his other claim had been rejected because he had only
third party cover at the time (Burton, 2008). In this situation the insurer has the right to void the
policy from start date because it was the duty of the policy holder to disclose about all the material
impacts which have taken place while applying for motor insurance and she did not disclose all the
facts. Thus, on the above rounds' insurance company can void this policy.
Walker v Innospec limited and others: in this case it was held that whether a male employee
is entitled to require a pension fund to pay a surviving spouse's pension to his civil partner or
husband on the same basis that such a pension would be payable if he were married to a person
TASK 3
3.1 difference between tort and contract
Contract and tort laws have some similarities. At the most basic level, both contract and tort
laws usually deal with a duty that has been breached. With contract violations the breach has to do
with the duties that have been named in the agreement. For example a settlement may state that one
party has the duty to pay the other for repair services and the other party has a duty to perform the
services. If either party fails to perform their duties contract laws will prescribe a suitable remedy
for the breach (Curry, 2008). Most tort violations also involve some sort of breach of duty. For
instance personal injuries usually occur because the liable party has breached their duty not to harm
another person. Other types of relationship may create a duty of care such as when shopkeepers
have a duty to maintain their premises so that they are safe for patrons. Damages awards can be
obtained in both contract and tort liabilities (Emerson, 2009). These are monetary payments made
by the liable party in order to make up for any losses that results from their breach.
Along with the similarities there are some differences between contract and tort laws. One of
the most important differences is the issue of consent. In a contract the parties must enter into the
agreement knowingly and without being coerced. In order for the contract to be valid each party
must consent to the outcome of the agreement as stated in the document. This means that one party
cannot force the other to enter into the contract without their consent. Therefore, usually have to do
with a mistake or a misunderstanding between the parties since they are typically aware of what
they dealing with in the contract (Fried, 2015). On the other hand, the interaction in a tort is never
based on consent. Tort generally involves an intrusion by one party into the safety, health, profit, or
privacy of the victim. In fact if the victim consents to the tortuous conduct, it can serve as a defence
that will prevent them from recovering damages. This difference with regards to consent is reflected
in the way that courts award damages. For contracts the purpose of a damages ward is to restore the
parties to their position before the breach occurred. In a tort claim the damages are usually awarded

to compensate the victim for their loss. Punitive damages are sometimes awarded in a tort suit in
order to punish the defendant. These damages are rarely issued in a contracts claim.
In the case of Caparo v Dickman it was held that 3 test for duty of care is whether the
damage was reasonably foreseeable whether there was a relationship of proximity between claimant
and defendant and whether it is just and reasonable to impose a duty.
3.2 the nature of liability in negiligence
The principle of negligence was proposed by the well known case named Donoghue v.
Stevenson (1932) where main motive was to make individuals responsible for acting in an
unreasonable manner and in turn it has lead to injury. Majority of the cases associated with
negligence cannot be determined but it relies on various factors. Further, the main measure which is
being employed to know whether act was negligent is to consider what a reasonably prudent
individual can do along with other sort of relevant factors. Before any type of court will award
damages, the presumed negligence must satisfy four main requirements which involve there must
be legal duty to use reasonable care, failure must be present in relation with performing any specific
duty, plaintiff must have suffered loss. Apart from this, it is necessary that negligent act must be the
main cause of the injury. So, these are some of the real requirement for negligence. Further,
following conditions are being required to successfully prove negligent act and they are as follows:
Duty of care: Firstly it is necessary to establish that defendant was under certain duty with
the motive to act reasonably. For example it is necessary for specific individual to drive slowly in
the areas which are children prone.
In the case of Bolton v stone it was held that the risk was so slight and the expense of
reducing it so great that a reasonable cricket club would not have taken any further precautions.
Breach of duty: It is required by Claimant to provide that duty was violated by the
defendant. Further, the individual has acted in unreasonable manner. Considering the case of
Vaughan v. Menlove breach of duty has taken place in relation to obligation.
In the case Blake V Galloway it was held that if the defendant is a professional they will be
held to the standard of a reasonable person within that profession.
3.3 how business can be vicariously liable
In simpler terms, vicarious liability can be defined as the situation in which one person or
party is entirely held liable for the action or wrong done by others. It can be stated that such kind of
situations usually arises at workplace where employer are responsible for the actions and work
done by their employees. In the present scenario, most of the organization or their management is

not aware of the fact they are liable for actions or wrong which has been done by the employees.
However, it can be argued that liabilities only arise in situations where the action has been carried
out during the tenure or course of employment (Granger, 2015). Management needs to make sure
that workers are not indulged in practises such as harassment or bullying as it can directly results in
affecting the brand image of the organization. Along with this, it can also result in creating a
situation where employer may be required to face several kinds of legal consequences. Here, the
selected business can become vicariously liable in situation where acts such as bullying, harassment
have been carried out by other employees. Sometimes, it also becomes very crucial to determine
that whether the act has been conducted within the course of employment or not. One of the most
crucial strategy which can be adopted by the selected business is taking corrective measures to
ensure that such kinds of practises are not carried out by employer (DeMitchell, 2006). Along with
this, strict policies can be developed which discourages workers to get involved in such kinds of
activities. Training related to anti discrimination practices can be given to workers in order to avoid
vicarious liability.
In the case of Cox & Mohamud it was held by the supreme court that the court
dismissed the appeal of the Moj in Cox and allowed the appeal in Mohamud with the
result that vicarious liability was imposed. Unanimous decisions were given in both
case
TASK 4
4.1 Elements of tort in negligence
Negligence refers to the failure of taking reasonable care in order to avoid damages and
losses to a person. In every contract, it is the duty of both the counter parties to take reasonable care
towards each other so that the possibility of harm can be prevented. There are following elements of
negligence which are demonstrated below:
Duty of care: In order to make person liable for negligence, it must be the duty of defendant
person to take reasonable actions to prevent the harm to other party (Beatty, 2012). In other words,
defendant must be legally obliged to perform actions carefully to eliminate loss to claimant.
In the case of donoghe v stevenson it was held that the existence of duty of care for personal
injury and property damage was originally decided by lord atkin's.
Breach of duty: It is necessary to make person liable for negligence that he or she became
fail to exercise reasonable care and duty towards claimant. Thus, breach or violation of duty of care
is an essential requirement of tort of negligence.

In the case vaughan v menlove (1837) bing. N.C. 467 it was held that breach of duty is
negligence liability is decided by the objective test that is the defendant is expected to meet the
standard of a reasonable person.
Damages: The failure of performing reasonable care must result in harm or loss to claimant
otherwise; defendant cannot be obliged for his/her negligence behaviour (Jones, 2012).
In the case of stansibe v troman (1948) it was held that a painter in breach of contract after
he had completed the decorations left unlocked a house which was later burgled by theives. The
defendant was held liable for the value of goods takes as this way exactly the sory of loss he should
have guarded against and foreseen.
Factual causation: Person’s wrongful action, mistake or negligence should be the direct
cause of loss occurred to the party. Therefore, it is the duty of claimant to prove that defendant
particular omissions were the reasons of damages. .
In the case of R v Dalloway it was held that legal causation require that the harm must result
from a culpable act.
Elements of tort of negligence and defences:
Volenti–non-fit-injuria: It demonstrates that claimant can file a law suit for getting the
compensation if they intentionally exercised wrongful acts and mistakes (Handford and McGivern,
2015).
Necessity: In case, if claimant is also responsible for the injury and losses than defendant
cannot be held liable. Thus, in case of contributory negligence, where both the party performed
illegal activities than defendant will not be accountable to compensate the losses occurred to the
claimant (Kelly, Holmes and Hayward, 2005).
Justification: Proper justification by the defendant to prove that his/her actions were not the
reason of injury occurred to the claimant then also he or she will not be liable.
In the case of smith v charles baker and sons it was held that as long as 1891, the house of
lords recognised that an employee who complained of unsafe practice, but nevertheless continued to
work could not truly be said to have voluntarily agreed to waive their legal rights.
Case 7
According to the scenario, Mr. Brown went to hospital and took medicine advised by the
nurse on the advice of doctor, after taking the medicine, he died due to pneumonia. (Barnett v
Chelsea & Kensington Hospital). In this case Mr. Barnett went to hospital claiming of severe
stomach pains and vomiting. He was treated by a nurse, who was given the instruction on telephone

by the doctor on duty. The doctor insisted the nurse to send the patient on home and contact his GP
on monitoring. Mr. Barnett died five hours later from arsenic poising. When the doctor examined
him there was nothing which could have been done so he died. In it the hospital could not be held
liable as the doctor's failure to examine the patient did not cause his death.
Situations when hospital will be liable
In the given case, Godmayes hospital is liable to provide best treatment to all the patients to
cure their diseases. However, doctor gave inaccurate advice to the nurse over telephone, as a result,
Mr. Brown died. Thus, it clearly indicates hospital failure to perform reasonable duty of care
towards Mr. Brown and resulted death. In the cited case, wrong advice is the direct cause of patient
death therefore; responsible doctor will be liable against the claimant, Mr. Brown. Along with this,
professional doctors also treat their patients undesirably on telephone for which hospital will be
vicariously liable for the loss occurred to Mr. Brown.
In the case Blake v Galloway it was held that only recklessness or a very high degree of
carelessness is sufficient to breach the duty of care owned during horseplay. There is a close
analogy between organised sport and horseplay
Situations when hospital will not be liable
In case, if doctor is not the permanent service provider of the Godmayes hospital than it
cannot be held liable. It is because, in the vicarious liability, it is the primary requirement to have
employer-employee relationship. Apart from this, if doctor provided treatment to Mr. Brown at
his/her personal clinic, then also hospital will not be accountable because according to vicarious
liability, it is necessary to incur loss during the course of employment.
It was held in the case lister v hesley hall ltd that creating a new preceny for finding where
an employer is vicariously liable for torts of their employees.
4.2 element of vicarious liability in a business situation
In the cited case, Chauffeur’s driver drunk alcohol at the airport and while returning to the
hotel, suddenly car crashed with a lamb post and injured the client. In this case, driver is the
employee of the hotel thus, employer-employee presents (Adams, 2010). Moreover, driver went to
receive the client as per the manager order, it indicates that loss occurred during the working hours.
Therefore, both the necessary requirements are fulfilled which make hotel vicariously liable
towards the wrongful acts conducted by Chauffeur. Besides this, driver drunk alcohol in large
quantity therefore, hotel has right to take strict action against the driver behaviour.
vicarious liability was applied in the infamous case of rose v plenty 1976 which involved a

milkman who, against company order took 13 year old boy boy with him on his round.
Case 9
In this particular case, suddenly pallet falls over a colleague and injured him very badly. As a
result, he requires urgent surgery along with rehabilitation and physiotherapist. Thus, colleague has
full authority to file a legal suit against the supermarket. However, on the other side, supermarket
argued that the duty of maintaining health and safety arrangements already has been transferred to
another organization at the time of loss occurred. According to the case of Donghue Vs Stevenson,
court held the decisions that supermarket is liable to compensate for the injury occurred to the
personnel because of not complying with the health and safety requirement (Granger, 2015). Thus,
in the current case, supermarket will be legally obliged for the losses suffered by the colleague
(Ahmed Mohamud v WM Morrison SupeRmarket).
rmarkets
CONCLUSION
The aforementioned report concludes that business agreement should be legally bound so
that both parties can get benefit out of the same. Essential elements are included in the contract so
that accordingly different parties involved in contract can be satisfied. It can be also be concluded
business need to ensure that it is not vicarious liable and for the same workers should be provided
effective guidelines. Furthermore, tort and contractual liabilities tends to be similar at some part and
can be different in some specific aspect. In addition to this, terms and condition and contract should
be communicated among all associated parties for the purpose of clarification.

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