...BTEC HN in Business [Aspects of Contracts and Negligence for Business] Unit 5: Aspects of Contracts and Negligence for Business Unit Code: Y/601/0563 Assignment Title: Be able to apply principles of liability in negligence in business situations Assignment 4 – Scenario As a business law student provide a detailed article on the following to present to your lecturer, showing a clear understanding of the topics: Task 1 4.1 Apply the elements of the tort of negligence and defences in different business situations [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios; General defences: volenti non fit injuria; statutory authority; necessity; Act of God; special defences against specific torts; contributory negligence; Remedies: compensatory and non-compensatory] 4.2 Apply the elements of vicarious liability in given business [Format: Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies] (This provides evidence for outcome LO4 – assessment criteria 4.1, 4.2) _ Assignment Unit 5 – Assignment 4 – HN Specification in Business Assignment 4: HN Business Unit 5: – Aspects of Contracts and Negligence for Business Outcome(s)/criteria: Indicative Characteristics Possible...
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...Aspect of Contract and negligence Individual assignment Acknowledgement “All praises to Almighty Allah for enabling and giving me strength and knowledge to complete this report. First and foremost I would like thank ICBT City campus for giving me this gold opportunity as well as for providing necessary facilities. I have taken full efforts in this project. However, it would not have been possible without the guidance and manual support of my parents and module lecturer Mr Seevali Amithirigala . Furthermore, I would like to offer my thanks to all colleagues and friends who assisted me in various other ways to accomplish the needful for the successful piling of the content of the assignment. I would like to extend my sincere thanks to all of them.” I Aspect of Contract and negligence Individual assignment Table of Contents Acknowledgement Task one (P1) P1.1.1 Define the terms (a) Simple contract (b) Contract under seal (c) Signature (d) Unilateral contract (e) Bilateral contract (f) Multilateral contract P1.1.2 Elements of an valid contract P1.2 Case- Kera VS Liam P1.3.1 Case- Frank VS Gail P1.3.2 Case- Tim VS Ulla P1.4 Case- Dan VS Shop keeper Task two (P2) P2.0 Discuss the consequences of the breach of 2.1.1 Consequences of branching condition 2.1.3 Consequences of branching intermediate term P2.2 Case- Delma VS Eric P2.3 Case- Alma VS Ben’s dry Task three (P3) P3.1 P3.2 Fireman VS Occupier P3.3 Case- Kevin VS A Ltd P3.4 Case Task four (P4) Case study P4.1...
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...Legal Aspects of U. S. Health Care System Administration Lillie Cox Dr. A. M. Miller HSA 515 Health Care Policy, Law, and Ethics October 31, 2014 Legal Aspects of U. S. Health Care System Administration In the United States health care administration, there are lots of health laws, such as federal, state and local. The administrator will need to know these laws, because they will be interacting with top professionals at all levels. The health administrator is new to Well Care Hospital, and the hospital for the past six months has been under scrutiny for breach of medical compliance. It is important that the top administrator be concerned about the importance of his or her conduct within the health care setting; compromise the boundaries of ethics and medical conduct. This paper will also discuss the four elements required of a plaintiff, to prove medical negligence and the duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board manifesto. As the top health administrator, professional conduct is very important. The staff is to conduct themselves likewise. There is no room for a lot of playing around, because patients, family members, hospital directors, and the administrators are depending on each and everyone to set their difference aside, and be the professional they are. According to Wolper...
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...12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. 12 Law and Health Care System Administration Jayme Blackwell Mary Jane Granoff Health Care Policy and Law Et. A relationship is a connection or association. To me a relationship is very important and healthy for an individual to form. A relationship is extremely important among physician and patient and hospital and patient. I thank communication and interaction is the most important factors in a relationship. These factors are very important when forming a relationship between physician and patient and hospital and patient. In relationships communication is very important and is essential among physician and patient. There are several types of communication and all are essential when it comes to dealing with the health of an individual. With communication comes interaction, which is also very important. Many feel bitter about their visits, because they are paying money for a service so that is what they expect. So when a relationship is formed they become surprised because that is not what they expected. So the relationship to them becomes so what special, and out of that relationship a patient builds confidents, trust, respect, and becomes relaxed. Once a patient builds a good relationship with the physician then they can create a relationship with the hospital. These will make the experience easier for all parties and build strength within the overall relationship...
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...Unit 5: Aspects of Contract and Negligence for Business Unit code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating...
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...BTEC HND IN BUSINESS (FINANCE)ASSIGNMENT COVER SHEET | NAME OF STUDENT | BUI TRANG NGAN – NELLY | REGISTRATION NO. | F04 – 118 | UNIT TITLE | Aspects of Contract and Negligence for Business | ASSIGNMENT TITLE | Negligence | ASSIGNMENT NO | 2 of 2 (individual report) | NAME OF ASSESSOR | Mr. John Andre | SUBMISSION DEADLINE | 7 Jan 2012 | ------------------------------------------------- ------------------------------------------------- I, ______BUI TRANG NGAN_____ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ________________________________ _________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) ...
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...Ed excel HND Group Module: Unit 5 – Aspects of Contract and Negligence for Business Module type: Module Code: Y/601/0563 Module Credit: 15 Teaching Period: (12+3 weeks) QCF Level: 5 Contact Hours: (15*3.75 = 56.25) Lecturers: 12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it...
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...Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. According to Jay M. Feinman of the Rutgers University School of Law; The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people."[2] "Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision." — per Lord Blackburn in The Dublin, Wicklow, and Wexford Railway Company v Slattery[3] Through civil litigation, if an injured person proves that another person acted negligently to cause their injury, they can recover damages to compensate for their harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence...
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...Table of Contents Introduction 2 (3.1) Contrast liability in torts with contractual liability 3 (3.2) Explain the nature of liability in negligence & (3.3) Explain how a business can be vicariously liable 4 (4.1) Apply the elements of the tort of negligence and defences in the above different business situations for the legal officer who is assigned to VJSC & (4.2) Apply the elements of vicarious liability in above different business situations for the legal officer who is assigned to VJSC 8 Conclusion 11 References 12 Introduction Law plays important roles to protect benefits, obligations and bringing fair for everybody in society. This report gives information about tortuous liability, contractual liability, vicarious liability, the tort of negligence and defences. After that, I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC. (3.1) Contrast liability in torts with contractual liability * Tortuous liability will be applied when occurs the law violation of civil nature that infringes on the rights and legal interests of others as a legal entity or individual. In addition, the rights and legal interests are not specified in the contract between the parties. * Contractual liability is the parties sign in the contract based on satisfy about agreement, negotiation and terms of contract. They are completely voluntary to enter into a contract and...
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...Tort Law plays a major role in the world of health care. Torts, an act that is under the civil law category, describe wrongful actions executed against one without an established contract. There are three key zones that are incorporated within the Tort Law and they are as follows: infliction of mental distress, negligence, and intentional torts (Buchbinder and Shanks, 2012). Intentional torts are considered to be defamation of character, battery, invasion of privacy, false imprisonment, and assault. In order for these cases to be effective, one must prove that they were the victim of deliberate injury. A patient is considered to be a victim of defamation of character when there is evidence of written or oral false representation of them....
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...Scenario 2: Negligence and Vicarious Liability Problem Question (P3.1, P3.2, P3.3, P4.1, P4.2 and M3) Task description: Imagine that you are an In-House Lawyer (IHL) working for QuickFix. The Managing Director (MD) has asked you for written advice on whether the company has any liability in tort law towards Barbara and Clive. With this in mind please produce a report for the MD, which sets out the law relating to negligence and vicarious liability and how it applies to this scenario. Your report should be no longer than 3,000 words. 1 Differences Between Liability in Tort and Contractual Liability Contractual liability concentrates on what is in a contract and the obligations between the two or more parties of the contract. Both parties in contractual liability contracts are controlled by it and the terms stated in the contract cannot be broken. The terms of a contract must be fulfilled by both of the parties; otherwise consequences will follow if one party breaks the terms. Contractual liability contains conducting agreement and liability between businessperson and merchant. Tort law is used in situations where a person has done harm to another person. Liability varies significantly in tort law and contractual law in terms of issues of content. Contractual liability is based on agreement but tort law’s liability is not based on agreement. Also the way court provides compensations and how it deals with these two reflects on the difference between them. Contractual...
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...ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Unit code 6 STUDENT NAME CALIN ZIMBRAN Student ID: p1002572 London 2013 Contents The essential elements of a valid contract in a business context 2 The impact of different types of contract 3 Terms in contracts 4 Elements of contract in given business scenarios 4 Law on terms in different contracts 5 Effect of different terms in given contracts 6 Liability in tort vs. contractual liability 6 Nature of liability in negligence 7 Vicarious liability 7 Elements of the tort of negligence and defences in different business situations 7 Elements of vicarious liability in given business situations 8 References: 8 The essential elements of a valid contract in a business context There are 4 essential elements necessary to form a valid and legally binding contract: 1. Agreement, which means offer and acceptance (notice that even though we put in the same category, they should be treated as two separate entities); 2. Consideration; 3. Intention (to create a legal relation); 4. Capacity. Even though we have 5 elements, which must all occur in order to generate a contract, the most relevant and the main indicator of a potential legally binding contract are the offer and the acceptance. This step can be long and difficult but once it comes to a conclusion, steps 2 to 4 can occur at the same time. The offer An offer expresses the strong will of a person making the offer (the offeror)...
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...INTRODUCTION This report focuses on the identification of the aspects of contract and negligence for business. There are agreements and contract in every business in recent than before. Verbal agreements are usually no longer used by the businesses. Written agreement in the form of contract is ore preferable to all. But, the profitability of contract is incomplete if the regulations and aspects are unknown. Well acknowledgement of contract in business provides a legal documentation securing the expectations of the parties involved. Contracts work as a safety tool of the resources. On the contrary, negligence is rising into the cornerstone of our system for compensating people for accidental damage and injuries. This is because it allows the courts to award damages in tort in some circumstances where it is not possible to do so in contract. This report will help learners to understand in and all about the contract formation and negligence of contract in businesses. LEARNING OBJECTIVES TASK 1 Understand the essential elements of a valid contract in a business context TASK 2 Be able to apply the elements of a contract in business situations TASK 3 Understand principles of liability in negligence in business activities TASK 4 Be able to apply the principles of liability in negligence in business situations. TASK 1 LO 1.1 Importance of the essential elements required for the formation of a valid contract Offer and Acceptance: The existence of an offer and an acceptance...
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...Ethical and Legal Issues in Nursing Team C NUR/391 Ethical and Legal Issues in Nursing Nurses face various ethical and legal issues in the medical setting. As professionals, nurses must be aware of these legal and ethical issues when they occur. Nurses have a legal and ethical obligation to respond to these issues. Being a professional nurse requires a nurse to assess the pros and cons of different situations, but also to withhold their personal beliefs and listen and respect the beliefs and traditions of others. Legally Nursing implications require nurses to maintain licensure, obey state and federal laws and to remain within their scope of practice. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. The American Nurses Association Code of Nursing Ethics can influence the final decision made in the case study involving Marianne’s family by designating a surrogate. According to "American Nurses Association" (2011), “The nurse supports patients self-determination by participating in discussions with surrogates, providing guidance, referral to other resources as necessary, and identifying and addressing problems in the decision-making...
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...2013 Aspects of Contract and Negligence for Business Aspects of Contract and Negligence for Business Table of Contents Introduction………………………………………………………………………………………4 Explain the importance of the essential elements require for the formation of a valid contract…………….5 Discuss the impact of different types of contract……………………………………………………………………………………5 Analyze terms in contracts with reference to their meaning and effect…………………………………………….…..6 Apply the elements of contract in given businesses scenarios……………………………………………………………….7 Apply the law on terms in different contracts……………………………………………………………………………………..…7 Evaluate the effect of different terms in given contracts……………………………………………………………………....8 Duty of care in the tort of negligence & Difference between liability in tort and contractual liability…….8 Explain the nature of liability in negligence……………………………………………………………………………………………9 The concept and elements of vicarious liability in business…………………………………………………………………..10 Apply the elements of the tort of negligence in business situations……………………………………………………..12 Apply the elements of vicarious liability in given business situations……………………………………………………12 Reference…………………………………………………………………………………………………………………………………………….13 Introduction The purpose of this report is to identify the aspects of Contract and Negligence for Business. Now days, the business environment is full of agreements between businesses and individuals. While oral agreements can be used...
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