...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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...[pic] [pic] | | |UK COLLEGE OF BUSINESS AND COMPUTING | |Course title |Unit number and title | |BTEC HND IN BUSINESS | Aspects of Contract and Negligence for Business | | | | |Student name Student ID |Assessor name | |Abu Rahman Hndb 5969 |Nathanial Owusu Frimpong | |Date issued |Completion date |Submitted on | |20-03-2014 |19-03-2014 |21-03-2014...
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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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...Aspects of Contract and Negligence for Business *Unit abstract:- Introduction to the law of contract, with a particular emphasis on the formation and operation of business contract. Business contract shall be defined within the context of law of contract and business law . The former is narrower and the later is wider but all its components are subject to the essential elements of contract. Business law which is also known as mercantile law refers to laws governing and regulating trade , industry and agriculture . It includes laws relating to Contracts , Sale of Goods , Partnership , Companies , Negotiable Instruments , Insolvency , Carriage of Goods , Arbitration..etc. The difference between the law of Tort and the law of Contract is based on obligations and liabilities . In tort the obligations are imposed by law while in contract the obligation of the parties are created by their own free will and mutual consent. Key questions : 1.What are ...
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...Unit Title: Aspects of Contrast and Negligence for Business contract that is signed by someone lacking legal capacity can be made void. 1.2 When getting customers for the hotel to sign a contract there can be many ways that are acceptable and professional. By getting them to agree verbally to stay in a room, there can be many pro's and con's of this form of contract. The advantages of having a contract like this is that they are extremely easy to modify and change in short notice. Written leases tend to contain more provision, qualifications and responsibilities. Oral contracts also tend to be more simple and easier to understand. Disadvantages of the oral contract is that without having a physical paper copy to look at, it can be difficult to determine what the terms of the contract where and what was exactly agreed on. More problems may arise if one party in the contract attempts to manipulate the fact that there is no hard paper evidence of the contract, they may try to change it to their advantage. The next potential type of contract for customers at the hotel that is being considered is signing printed terms at the reception. The advantages of this way is that it reduces risks because both parties have acknowledged the contract and there is even a signature to prove that both parties know what they have signed. Another advantage is that the written contract can provide clarity, they are well written and are clear in stating what the contract holds. Problems that...
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...INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY BTEC HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) ASSIGNMENT COVER SHEET 2014 INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY BTEC HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) ASSIGNMENT COVER SHEET 2014 UNIT TITLE & CODE | Y/601/0563_ Aspects of Contract and Negligence for Business | LEVEL | 5 | | | CREDITS | 15 | STUDENT NAME | | STUDENT ID | | ASSESSOR | Mr. H.M.K.Herath | IV by | Mr. Mafas Raheem | ASSESSMENT | Individual Assignment | Word Count | 4000 | ASSIGNMENTISSUE DATE | 11.06.2015 | ASSIGNMENT SUBMISSION DATE | To be informed | ASSIGNMENT DISCUSSION DATE(s) | | | ASSIGNMENT RESUBMISSION DATE | | | | | | | | | FINAL GRADE | ORIGINAL SUBMISSION | | RESUBMISSION | | ASSESSMENT CRITERIA TO BE ASSESSED IN THIS ASSIGNMENT (Identify all criteria to be assessed in this assignment) Achieved Pass Criteria | LO1 | LO2 | LO3 | LO4 | | 1.1 | 1.2 | 1.3 | 2.1 | 2.2 | 2.3 | 3.1 | 3.2 | 3.3 | 4.1 | 4.2 | Original Submission | | | | | | | | | | | | Re submission | | | | | | | | | | | | Grade Achieved | Merit Criteria | Distinction Criteria | | M1 | M2 | M3 | D1 | D2 | D3 | Original Submission | | | | | | | On resubmission | | | | | | | AUTHENTICITY STATEMENT I certify that the attached material is my original work. No other person’s work or ideas have been used without acknowledgement. Except where...
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...Course Title: ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Course Code: QCF/L5/0215 Assignment Number: 01 LCB Student number: LCB/2867 Student Name: DK. SITI NURUL HAFIZZAH BINTI PG. ALI HASAN Contents Task 1 a)3-4 1 b)4-5 1 c)5-6 Task 2 a)7 2 b)7-8 2 c)8 Task 3 a)9 3 b) 10 Task 4 a)11 4 b) 12 Task 5 a)13 5 b) 14 Task 6 a)15-16 6 b) 16-17 Reference List18 Task 1 TASK 1-1.1 a) For one to form a valid contract the party must fulfill the essential elements required for the function of a valid contract and one of them is to have the intention to create legal relations. It is simply defined as an intention to enter a legally binding agreement or contract. Without the intention, the contract may only become a mere promise because there is no legal binding between the contracting parties and the contract can be assumed as not legal. It is not sufficient for only one party to have the intention but not the other as the presence of mutual understandings and intentions between the contracting parties are needed to legally binding a contract. However, there is no intention to create legal relations when it comes to cases that involve with social, domestic and family arrangements. Balfour v Balfour 1919: “The defendant (the husband) promised to pay his wife £30 a month as health maintenance when she could not return to Ceylon with him under the doctor’s advice. When their marriage ended in divorce...
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...For a contract to be valid it must have the following characteristics: 1. Offer and acceptance A contract is formed when an offer by one party is accepted by the other party. An offer must be distinguished from mere willingness to deal or negotiate. For example, X offers to make and sell to Y calendars featuring Australian paintings. Before any agreement is reached on size, quality, style or price, Y decides not to continue. At this stage, there is no legally binding contract between X and Y because there is no definite offer for Y to accept until the essential terms of the bargain have been decided. An offer need not be made to a specific person. It may be made to a person, a class of people, or to the whole world. An offer is a definite promise to be bound, provided the terms of the offer are accepted. This means that there must be acceptance of precisely what has been offered. For example, a used car dealer offers to sell B a Holden panel van for $1,000, without a roadworthy certificate. If B decides to buy the Holden panel van, but insists on a roadworthy certificate being provided, then B is not accepting the used car dealer's offer. Rather, B is making a counter offer. It is then up to the used car dealer to accept or reject the counter offer. A person can withdraw the offer that has been proposed before that offer is accepted. For withdrawal to be effective, the person who has proposed the offer must communicate to the other party that the offer has been withdrawn....
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...Introduction The purpose of this assignment is to present our knowledge of the laws of contract and the various legal principals arising in each case. Explaining and applying the 4 basic elements of a valid contract as well as other aspects of contract including capacity to enter a contract, the postal rules, contractual terms implied and express, relevant law relating to discharge of contract, remedies for breach of contract, types of damages recoverable and remoteness of damage. There are 3 different cases interrelated but completely different from each other, Alex & Malcom Malcolm & Alex, Malcom & Cathy and Cathy & Malcom. We identified and discussed the relevant aspects of contract law. A contract is a legally enforceable agreement between persons to do different things” (2007) A contract can be very simple as in the above examples or they can be very complex. The same rules apply for every contract whether it is for €100 or €1 million. A contract can be: • In Writing • Orally • By inference (implied between the parties) In order to get a valid contract we need to know some crucial elements. • Offer – An offer is an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required. • Acceptance – The general rule is that acceptance is not effective until it is communicated to the offeror...
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...INTRODUCTION In reality, negligence simply means carelessness to do something unintentionally to cause damages to others says, negligent driving, mistakenly manufacturing left decomposed snail in beer, insufficiently unrestrained dogs causing injuries. Normally, the tortfeasors in negligence are sought for compensations rather than imprisonment. This study focuses on figuring out the harmonies and dissimilarities of liability in tort and contractual liability along with elaborating the essence of liability in negligence and vicarious liability with the aim at depicting their applications in business contexts and daily situations. Besides, the study pursues litigations and statutes in the United Kingdom, the United State and Vietnam from the late seventeenth century until now. PART 1 THE PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS CONTEXTS 3.1 Contrast between liability in tort and contractual liability 3.1.1 The similarities and differences between liability in tort and contractual liability A tort is civil wrong for which precedents and legislative enactments imposes legal liability as personal injury, psychiatric harm, damage to property and economic loss in negligence, undermining reputations in defamation or the interference with the enjoyment of land in nuisance.(Allison, 1996) Contract law imposes obligations which the party has voluntarily agreed to assume. Tort should recompense for harm suffered rather than wrongdoer’s punishment that can be convicted by...
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...Business Law Contract and negligence Done by: Name.............................................................................. College Id....................................................................... TABLE OF CONTENTS Question 1.1................................................................................page 3 Question 1.2................................................................................Page 3 Question 1.3.................................................................................Page 4 Question 2.1.................................................................................Page 4-5 Question 2.2.....................................................................................Page 5 Question 2.3......................................................................................Page 5 Question 3.1.......................................................................................Page 6 Question 3.2......................................................................................Page 6-7 Question 3.3........................................................................................Page 7 Question 4.2.........................................................................................Page 7-8 Question 4.3.....................................................
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...1.1 Explain essential elements of valid contract according to contract law. 1.2 Explain different types of contracts and explain their impact. Any special rules need to be considered. 1.3 Explain terms of contract, their meaning, effects . Task 02 Two years ago Alan separated from his wife Cath. As part of a written agreement between them, Alan agreed to pay Cath $1000 per month in order to maintain her and their daughter dawn. The money also had to be used to pay off the mortgage on the house that Alan and Cath jointly owned. Alan promised that when the mortgage was paid off he would transfer his share of the property to Cath. Now however, although the mortgage has been paid off, Alan refuses to transfer his title in the house to cath. 2.1 apply the elements of contract in the scenario of Alan and Cath. Case Study A ship was chartered to the defendants for a 2 year period. The agreement included a term that the ship would be seaworthy throughout the period of hire. The problems developed with the engine of the ship and the engine crew was incompetent. Consequently the ship was out of service for a 5 week period and then a further 15 week period. The defendants treated this as a breach of condition and ended the contract. The claimants brought an action for wrongful repudiation arguing the term relating to seaworthiness was not a condition of the contract. 2.2 identify the terms included in the contract and evaluate the effect of different terms 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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...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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