Aspects of Contracts and Negligence for Business with HND in Business (GC0870)
Table of Contents
Introduction.
Task 1.
1.1 How a contract is formed and the importance of the various elements of contract
1.2 Impact of forming contracts by means of face to face, written contract, and distance selling.
Face to face.
1.3 Analysis of the different terms of contracts.
The innominate term.
Tas 2.
Case 1: Agreement
Case 2: Consideration.
2.2 Apply the law on the terms in the following contracts.
Case 3- Exclusion clause.
Case 4: Implied term.
2.3 Evaluate the effect of different terms in the given contracts.
Cas-5.
Case-6.
3.1 Contrast 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 Greggs plc can become vicariously liable
4.1 Apply the elements of the tort of negligence and defenses in the given business scenarios
Case 7.
4.2 Apply the elements of vicarious liability in a given business situation.
Case 8.
Case 9.
Conclusion.
Reference.
Introduction
The success of an organization depends on many factors, where the contract is considered as one of the key components. Business organizations need to do several types of contracts in the way it operates in the market. If businesses are failing to do proper contracts with other parties, it may supper a lot, which may because of financial compensations and losses. In other words, contracts between businesses and their stakeholders are significant to protect them from any kind of unexpected circumstance (Macintyre, 2015). This report described the various factors of the business agreement. First, a valid agreement has been discussed with the material to their significance and effect on the industry. Secondly, the material is pragmatic in a variety of business situations. Then, unjust and business responsibility, negligence, and mediated accountability. Finally, the wrong inattention and mediated responsibility are applied in the corporate case scenario.
Task 1
1.1 How a contract is formed and the importance of the various elements of the contract
Generally refers to an agreement signed between the two parties. However, in lawful terms, there is a greater meaning. Creating a valid contract requires a number of components. The vital elements are, patience, offer intention to create legal relations, certainty, capacity, and consideration. In general, a legally valid agreement needs to qualify enforceability (Macintyre, 2015). The material and their significant terms discussed of the business agreement is Peter Abraham of the case below:
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Offer: The most significant and the first component of a valid contract. In the process of an agreement, one party first makes a proposal to the other party (Macintyre, 2015). For example, if Peter Abraham wants to make a deal with a new staff, first he will make an offer of a job in the place. For example, Peter Abraham of a client would like to draw, he is the first and an agreement will encourage the client.
Acceptance: By the end of the first offer, the second party responds to that offer, the second group reaction in offers, which is the tool (Macintyre, 2015). Peter Abraham terms, if the proposal to create a new staff or new staff is willing to work towards a positive response, and taking is completed. In other cases, the client offers made by Peter Abraham, then agreed to receive is accomplished. It means, the second part is a valid agreement the acceptance. In addition, the recognition is regarded as a counteroffer and acceptance. Recognition is not completed successfully, then the agreement cannot be managed.
Consideration: Consideration is the enforceability of legality, which is required to form an agreement. Consideration of an agreement will not be enough, but it is vital to keep the parties anxious about the opening of the agreement. In a word, considering some of the benefits, interest rates, and an agreement to include the right (Macintyre, 2015). For example, Peter Abraham offered one of the providers’ products to buy 10 units. The supplier has accepted the offer of Peter Abraham but informed that the price of goods in the UK out of the EU has enlarged. In this case, Peter Abraham may want to deliberate the hostage made by the provider and can continue the agreement…………….