...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 ...
Words: 3365 - Pages: 14
...tip the scales of justice in the wrong direction. Sometimes—as in George McGovern’s case—innocent parties are forced to bear the cost of defending themselves in court. On the whole, however, the U.S. legal system is remarkably fair. 4. Do people consider laws fair? * I think most of the people consider that a United States law is not fair. 5. In the United States legal decisions are based on the rule of law. What is the rule of law? * Predictability and Fairness. How do we know what’s legally “fair” and what isn’t? Granted, depending on who’s enforcing the rules of the game, just about anything can be “fair” and just about anything can be “foul.” Legal tradition in the United States, however, rests on the principle of the rule of law—the principle by which government legitimately exercises its authority only in accordance with publicly declared laws that are...
Words: 3686 - Pages: 15
...Remoteness of Damages in Torts Before we begin looking into the depth of the topic, let us start with a few definitions to draw out the basic structure of what all will we cover. 1) Tort – A tort is a civil wrong that causes unlawful harm to a person, giving them legal liability to sue the wrongdoer, or the ‘tortfeasor’. 2) Damages in Tort – These are the different forms of compensation usually given to a victim for injury or harm caused. 3) Remoteness – In Tort law, it is the set of rules that limits the amount of compensatory damage given, for any wrong. Following the above definitions, it is easy to deduce the broad idea of what the title is all about. Remoteness of damages in torts is a concept that deals with the rules regarding the limitation of the amount of compensatory damage awarded to an individual for any tort committed against him. The concept of ‘Remoteness in Torts’ is mostly with reference to the tort of negligence. This is due to the fact that most of the developments in this sphere have taken place with regard to the tort of negligence. However, once the basic principles are understood, they are easily applicable in the cases of all other torts, as well. Origin of Remoteness in Negligence Direct Consequence (or Directness) – According to traditional approach, before the present law was formulated, once a negligence had been established, a defendant was liable for all the consequent damage no matter how unusual or unpredictable that damage...
Words: 1666 - Pages: 7
... LAW OF TORTS DEVELOPMENT OF LAW OF TORTS IN INDIA AND ENGLAND NAME : AMAN RAJ SINGH BA-LLB( Hons.) BATCH OF 2014-19 GUIDED BY: PROF. B.HYDERVALI Acknowledgement For this academic endeavour, which in its pursuit has been a very insightful and fruitful project, I have many to express my gratitude to. Primarily, I would like to thank my subject professor, Professor B.Hydervali, Law of Tort, for assigning me this paper to write. Had the opportunity not come across via him, I would not have delved into this ambit of Tort Law and gained further insight into the human condition. Further, I would like to thank Mr.Rajesh Kumar Singh, my father, mentor and continual, irreplaceable support system, for sustaining my spirits and my self esteem, throughout not only this project but also life in general. For if it weren’t for him, I would always been in vain fear of failure and giving up would have become an option. Lastly, I would like to thank my wide expanse of friends and peers, each a different colour and genre in personality and each...
Words: 3152 - Pages: 13
...Forthcoming: 72 Fordham L. Rev. 1857 (2004) RAWLSIAN FAIRNESS AND REGIME CHOICE IN THE LAW OF ACCIDENTS Gregory C. Keating* The political philosophy of John Rawls is pregnant with implications for the tort theory. Our law of intentional and accidental physical injury is rich with the rhetoric of reasonableness and fairness, and these ideals lie at the heart of Rawls’s political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction...
Words: 32629 - Pages: 131
...essential requirement of liability in the law of tort. Liability in negligence requires proof of a breach of duty. A breach of duty arises when the defendant fails to act or not act as “the reasonable man” would have. In Bolton v Stone the defendants acted as a reasonable man would have, by taking action in creating a higher fence around the cricket ground to minimise the risk of people outside the ground being injured by the cricket balls. However, in Paris v Stephney borough council, the court held that in light of potential serious consequences posed by welding to an employee with only one eye, the employer should have taken reasonable action in providing safety goggles. Liability under the occupiers liability act 1957 also required proof of fault. Fault is also relevant to the general defence of a contributory negligence under the law reform act 1945. S.1(1) damages are reduced according to the claimants responsibility for the damage. In Froom v Butcher, the claimant’s damages were reduced by 25% due to his failure to wear a seatbelt. There are however areas of tort in which there is no need to provide fault. For example, nuisance is a strict liability tort. The defendant cannot claim as a defence that he took reasonable care to avoid causing nuisance. The rule in Rylands v Fletcher is another strict liability tort, however since the case of Cambridge water company v Eastern countries leather plc (1994), negligence principles have applied in respect of the type of damage caused...
Words: 926 - Pages: 4
...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...
Words: 2086 - Pages: 9
...2 Negligence: The Basic Principles of Duty of Care The arrangement of this and subsequent chapters Negligence is a large and amorphous subject, and all parts of the law on it are interlocking. It is often difficult to understand one part without having studied the whole, and therefore in arranging the material I have decided to set out the basic principles first, leaving the more sophisticated developments until later. Accordingly the next three chapters on duty, standard of care, causation and remoteness of damage aim to explain the basic negligence action, principally in relation to an action for personal injuries or property damage where the concepts are easiest to understand. More difficult duty problems, such as liability for statements or for pure economic loss, will be dealt with later. Duty is but one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. In cases of personal injury or damage to property the necessary relationship is established if the defendant ought...
Words: 19320 - Pages: 78
...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...
Words: 2835 - Pages: 12
...Tort Law in Health Care Administration: Examination of Negligence LaJuanda Williams LaTonya Reed John Hill Rita Ignatius Public Health Policy, Law & Ethics, PHS 512 Professor Green-Alexander April 11, 2007 Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Tort includes both an individual personal and professional level which involves the healthcare field. A person who commits a tort is called a tortfeasor which can be held accountable for his or her actions in court (Pozgar 2004). Tort law is an important part of the common law and evolves on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases (Lipthrott 2005). Although state and federal statutes define some aspects of tort law, contemporary tort law remains defined by judicial decisions. Tort can be an excellent vehicle for viewing the nature of the common law, and for observing how a given body of law evolves daily. The basic objectives of tort law are preservation of peace between individual by providing a substitute...
Words: 5321 - Pages: 22
...its peril.” -Lord Brown; Sienkiewicz v Greif (UK) Ltd (2011) The Bust for test of causation is said to be fraught with difficulties. How has the law developed to overcome these difficulties? INTRODUCTION Negligence in the law of tort is the failure to exercise the care that a reasonably straight person would exercise in such like circumstances. In tort law, this area of negligence involves harm caused by carelessness and not by intention. The tort of negligence structures a standout amongst the most element and quickly changing zones of obligation in the present day law. Its rise in the 20th century shows the pressure of the social and economic changes on the traditional ways of legal redress for interference with protected interests. The reasonable structure of carelessness is very adaptable and fit for general application. These components have permitted the courts to use the tort in the setting of novel cases for pay. On the other hand, the development of carelessness has not supported the extension of risk and throughout the years, courts have been putting a few limitations on this degree. The tort of carelessness does not right now appear to be set upon some foreordained way of growth as it once had all the earmarks of being. The modern history of tort law started with the groundbreaking judgment of Lord Atkin in Donoghue v Stevenson where Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer...
Words: 4638 - Pages: 19
...| 2013 | | | Assignment Cover Sheet Qualification | Unit Number and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly. Late Work Policy Consideration will be given to students who have valid reasons for late submission (eg, Illness) Plagiarism In case of plagiarism, college regulations will be applied. You must declare that this assessment is your own work by signing the following statement: Learner Declaration | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student Signature: Date: | Table of Contents Acknowledgement 6 Research Method 7 Aims and Objectives 8 Literature Review 9 Abbreviation List 10 Introduction 11 Task 1 12 Essential Elements of a Contract 12 1. Offer and Acceptance 12 2. Lawful Consideration 12 3. Intention to Create Legal Relationship...
Words: 5420 - Pages: 22
...Aspects of Contract and Negligence for Business TASK 1: BE ABLE TO UNDERSTAND THE ESSENTIAL ELEMENTS OF A VALID CONTRACT IN CAM’S COLLEGE 1. Explain the importance of the essential elements required for the formation of a valid contract. A contract is much more than an agreement between two people. There must be an offer and acceptance, intention to create a legally binding agreement, a price paid (not necessarily money), a legal capacity to enter a contract of your own free will, and proper understanding and consent of what is involved. (Begg, 2009) 1. Offer and acceptance= Agreement A contract is formed when an offer by one party is accepted by the other party. An offer must be distinguished from the mere willingness to deal or negotiate. For example, X offers to make and sell to Y calendars featuring Romanian 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 the essential terms of the bargain has been decided. An offer needs not be made to a specific person. It may be made to a person, a class of people, or to the whole world. Acceptance occurs when the party answering the offer agrees to the offer by way of a statement or an act. Acceptance must be unequivocal and communicated to the offer or: the law will not deem a person to have accepted an offer merely because they have not expressly rejected...
Words: 7547 - Pages: 31
...broad powers to regulate the offer and sale of securities, the brokerage industry, and the securities exchanges. This discussion will explore how businesses similar to Merrill Lynch are policed by the Securities and Exchange Commission’s duty of ensuring that businesses are following federal law and regulations. According to Merrill Lynch, there vision is to be the preeminent financial management and advisor company in the world with a drive that’s rooted in intelligence, principles and optimism. Although, Merrill Lynch claimed to strive to be the best at financial management, according to the Securities and Exchange Commission “they failed to inform investors that hedge fund firm Magnetar Capital Limited Liability Corporation had a third-party role and exercised significant influence over the selection of collateral for the collateralized debt obligations” (2013). This discuss will first look into the validity of contract and the duty of banks. Next, it will compare and contrast intentional and negligent Torts and how they interfere with contractual relationships. Lastly, it will look at the effects that mobile banking has on online transactions. A contract is defined as a legally enforceable promise or set of promises (Bagley, 2012). Contract contains two or...
Words: 1357 - Pages: 6
...Part A a) The issue of this question is that whether Charles should pay for the damaged milk tins or not. To begin with, we should discuss the elements of contract first. They are offer, acceptance, consideration, intention, mutuality, capacity and legality. In this case, we are focusing on the offer, acceptance, intension and capacity. The milk tins displayed by the supermarket are considered as a display of goods but not an offer in order to invite the buyers to make an offer. It is one of the examples of Invitations to treat so that this display of goods is a statement made to others inviting them to make an offer. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401 is the case to explain this concept. An invitation to treat is when someone invites other else to make him an offer. As a result, the buyer is the offeror and the supermarket is offeree. Once the buyer made an offer, there must be an acceptance to form a contract. That means if the buyer agree to buy, the seller agree to sell, then it will be a bilateral contract. The consideration of buyer is the goods and the consideration of seller is the payment. The definition of consideration is found in Dunlop Pneumatic Tyre Co Ltd v Commonwealth (1954). The contract will only become an offer when the person accepts the customer’s offer. In this case, Charles didn’t make an offer to buy the milk, so whatever reaction the supermarket has, even force Charles to buy, it can’t be...
Words: 2330 - Pages: 10
