Aspects of Contract and Negligence for Business (GC0886)
Table of Contents
Introduction.
Tak 1.
1.1 How a contract is formed and the importance of the essential elements required for the formation of a valid contract
1.2 Discuss the impact of forming contracts in terms of face to face, written, and distance selling
1.3 Analyse terms in contracts with their meaning and effect including remedies and damages
Task 2.
2.1 Application of elements of contracts in the given scenarios.
2.2 Apply the law on the terms in the following contracts.
2.3 Evaluate the effect of different terms in the given contracts.
Task 3.
3.1 Explain the similarities and differences of liability in tort with contractual liability.
3.2 How liability for negligence can arise and the conditions needed to be met for a claimant to successfully prove negligence.
3.3 Explain the terms ‘vicarious liability’ and how a business like Tesco can become vicariously liable
Task 4.
4.1 Apply the elements of the tort of negligence and defenses in the given business scenarios
4.2 Apply the elements of vicarious liability in a given business situation.
Conclusion.
Reference.
Introduction
Aspects of contracts and negligees are needed to considered deeply and carefully in the business perspectives. This paper considers different factors of business contracts, negligence in different business case scenarios. In the first part, how a valid business contract is formed is discussed focusing on different elements of contracts in terms of Peter Abraham’s business. Then, the impact of face-to-face, written, distance contracts are discussed along with different terms of contracts such as condition, warranty, exemption clauses. In the second part, different elements and terms of contracts are applied in different business case scenarios. In the third part, negligence in business is discussed. In this part, similarities and differences between tort liability and contractual liabilities are discussed. Then, vicarious liability and the reason for raising the liability of negligence are discussed. Finally, the element of negligence and vicarious liability has been applied in business case scenarios.
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Task 1
1.1 How a contract is formed and the importance of the essential elements required for the formation of a valid contract
A valid contract refers to the lawful agreement between two parties (for example, between buyers and sellers). The agreement which is not lawfully enforceable is not a valid contract. A valid contract can be created in a number of ways such as face-to-face, written, distance selling, by acts, etc. However, particular methods will be used depending on the circumstances (Atiya, 2013). There a number of elements of valid contracts, where the common element of a valid contract are outlined as follows with their importance in terms of Peter Abraham business:
Offer
An offer is the starting point of a valid contract which refers to the willingness and formal expression of the intention of one party to another to do an act to obtain the assent of another party to such act. The offer should be communicated to the other party, which can be revoked at any time prior to the acceptance (Atiyah, 2013).
In terms of Peter Abraham, he must conduct lawful offers to the clients following the national laws and acts. As part of offers, Peter Abraham needs to show formal expression of intention and willingness to his clients to motivate them and communicate friendly keeping the options so that the client can revoke until coming under acceptance.
Acceptance
Acceptance refers to the terms of the offer, where acceptance refers to the manifestation of assent to the terms provided in the offer. In other ways, acceptance means the agreement with the terms provided in the offers (Atiyah, 2013). Peter Abraham should conduct lawful acceptance of the offer made by his clients. In this case, the acceptance of Peter Abraham should be communicated and the original proposal made to avoid the counter offer…………………..
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