Unit 5 Aspects of Contract and Negligence for Business with Coca-Cola (GC0871)

Table of Contents

Introduction.

Task 1.

1.1 How a contract is formed and the importance of the various elements of a valid contract

1.2 Discuss the forming contracts by means of face to face, written contract, and distance selling

1.3 Analysis of the terms condition, warranty, innominate terms, exemption clauses.

Task 2.

2.1 Application of different elements of contract in business case 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 condition needed to be meet for a claimant to successfully prove negligence.

3.3 What is a vicarious liability and business-like Coca-Cola can become vicariously liable.

Task 4.

4.1 Apply the elements of the tort of negligence and defense seen the given business scenarios

4.2 Apply the elements of vicarious liability in given business situations.

Conclusion.

References.

Introduction

Accepting the features of a contract or the negligence of business is a significant matter in the business association (Andrew, Ewan, and James, 2014). This assignment concentrates on several issues connected to features of business agreements, breaches, the ability to use them, as well as carelessness for business. In the first task, this assignment describes diverse fundamentals of business agreements. Moreover, forces of structuring agreements, as well as several cases of agreements are described. The second task of this assignment uses several essentials of an agreement on the business situation provided. The third task of this assignment describes the case’s explicit accountability, connections, or differentiation of accountability, the causes of elevating accountability for inattention. The last task of this assignment uses the fundamentals of the breach of disregard as well as the essentials of explicit accountability.

Task 1

1.1 How a contract is formed and the importance of the various elements of a valid contract

As Andrew, Ewan, and James (2014) note, agreement in business submits to the administrator contract that can be official and unofficial as well as can perform verbally, or in a printed system. A suitable agreement mostly contains six main fundamentals that are described with their significance and with particular reference to  Peter Abraham‘s business  as below:

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Offer

Offer in an agreement/contract is the first part that focuses on the formal willingness of the other party. Offer is the formal communication between two parties that can cancel anytime by both parties (Atiyah, 2013). Peter Abraham will have lots of formal expression and willingness in the agreement/contracts among parties. For example, Peter Abraham needs to buy a PC for his business from a supplier, in this case, first Peter Abraham needs to give an offer to the suppliers to proceed with a valid agreement.

Acceptance

When the offer is fixed, the offer is proceeded to be accepted. Acceptance is the manifestation of the agreed offer (Atiyah, 2013). Peter Abraham will have several contracts with several parties where the acceptance of the terms must be completed to conduct a valid contract. For example, after giving the offer by Peter Abraham to buy a PC from a supplier, the supplier will give a counteroffer, in this case, Peter Abraham needs to accept the offer to proceed with a valid contract.

Consideration

This is the value provided by the gathering for the warranty that is continually created. In general, ideas obtain the appearance of money, assets as well as management (Rogers, 2012). Thus, Peter Abraham must be considered as different laws and regulations to complete a valid contract. For example, Peter Abraham needs to consider the warranty and guarantee issues when he buys the PC from the supplier.

Intention to create a legal relation

Any approval to ignore the rule or any declaration unlawful by rule is canceled. Agreements are illegal for two clarifications: first, in the brightness of the information that their item is illegitimate (Rogers, 2012). In addition, since in spite of the information that the article is excellently lawful, the method of creating it is beside the rule. Peter Abraham must make related to the legal issues and factors in completing a valid contract. For example, in buying a PC from a supplier, Peter Abraham needs to create a legal relationship with the supplier. For instance, if the PC needs repair or damages within a certain time what kind of legal action can be taken against the supplier………………

 

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