HND in Business Assignment Aspects of Contract (GC892)

Table of Contents

Introduction.

Task 01.

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 Analyze terms in contracts with their meaning and effect including remedies and damages.

Task 02.

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 03.

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 04.

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.

References.

Introduction

Aspects of contracts and negligence are essential to judge extremely as well as suspiciously in the business viewpoints. Several issues of business contracts and negligence in several business case scenarios are measured by this report. The first part of this report explains a different element of a valid contract and how a valid contract can be developed. Then, it is discussed how face to face, written, and distance selling contract impact business performance. Next, different types of contracts have been discussed following a number of case scenarios. Finally, the impact of negligence has been discussed. Then, how tort liability and contractual liability are different from each other. Finally, tort liability and contractual liability have been evaluated in terms of several case scenarios.

Task 01

1.1   How a contract is formed and the importance of the essential elements required for the formation of a valid contract

According to Atiya (2013), the contract can be classified as valid or formal, and informal. A valid contract refers to those contract which conducted in written format or expressed agreement between two parties. The purpose of a valid contract is to provide a service or product. The six key

1. Offer

An offer is the beginning position of a legal agreement that explains the motivation and proper term of the purpose of one group to another to make a performance to achieve the agreement of other groups to such perform. According to Atiyah (2013) states, the offer must be connected to the other group that may be withdrawn at any period to the acceptance.

In the cases of Peter Abraham, he should manage valid offers to customers pursuing general acts and laws. According to offers, Peter Abraham wants to explain the general terms of purpose and motivation to his customers to inspire them and correspond friendly remaining the choices in order that the customer can withdraw till coming under acceptance.

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2. Acceptance

As Atiyah (2013) stated that, there is no agreement if not and if the offer is received by the individual to whom the offer is known. Acceptance is usually created in writing or verbally, but if the agreement permits that the acceptance and contractual duties activities are to be approved concurrently, then acceptance may also be created by behavior. (for example, when a provider takes, that provider can instantly provide the products to you without writing or saying anything. This is suggested that both of the contractual groups obviously identify and concur with the approach of acceptance.

3. Consideration

Consideration explains a significant element of a lawful agreement. According to Atiyah (2014) states, it is the agreement for acting a perform or restraining from making an action that qualified to do lawfully. Different issues may come under deep consideration such as money, benefits, interest, another right, any detriment, loss, and responsibilities that are provided to someone. Thus, consideration must be considered by both parties in a contract. Consideration must be sufficient as well as explicit which should support the promise. In Peter Abraham business, when he will make any valid contract with any other parties, he must consider different issues such as money, benefits, interest, another right, any detriment, loss, and responsibilities……………

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