Unit 5 Aspects of Contracts Assignment at The HND in Business (GC0894)
Table of Contents
Introduction.
Task 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 a contract
1.3 Analyse terms in contracts with their meaning and effect including remedies and degage
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 scenario.
Conclusion.
Reference.
Introduction
The purpose of this report is to categorize the aspects of Contract and Negligence for Business. Nowadays, the corporate scenario is full of agreements between businesses and individuals. While verbal agreements can be used, most industries use official written contracts when attractive in processes. Written contracts provide persons and businesses with a lawful document stating the prospects of both parties and how negative circumstances will be determined (Nighat 2015).
The report in four particular parts. In the first part, how a contract is formed and the position of the vital elements required for the formation of a valid contract is described. A valid contract can be created in a number of ways such as face-to-face, written, distance selling, by acts, etc. which particular methods will be used depending on the circumstances.
Secondly, apply the law on the different terms in the contracts is described. An exclusion clause can be incorporated into a contract through signature, notice, and previous dealing. In a word, the man cannot legally enforce the restaurant because clearly mentioned the notice on the back. If the restaurant did not put any notice (exclusion clause), it would be liable for the missing or stolen money.
Thirdly, the similarities and differences of liability in tort with contractual liability are described. A tort can be classified as negligent or intentional, where the tort can be strict liability or factual based. The torts can be created under common law or statutes, which can be classified as Trespass, Nuisance, Defamation, Deceit, Passing off, and Vicarious liability.
Fourthly, apply the elements of the tort of negligence and defenses in the given business scenarios are described. On the other hand, negligence has rapidly developed into the cornerstone of our system for compensating people for accidental damage and injuries. This is because it allows the courts to award damages in tort in some circumstances where it is not possible to do so in the contract. Finally, it has also been used creatively to compensate people for financial losses in business contexts where no other remedy was available.
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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
An effective agreement (for example, between sellers and buyers) mentions a contract between the two festivities legally. It is not a legally enforceable contract that is not a valid agreement. A valid agreement as direct, works, written, distance selling, etc. can be complete in a number of conducts. According to Atiya (2013), depending on the scenario, however, the structure will be used. The legal agreement, where the agreement is effective as the common portion in terms of their reputation to Peter Abraham has an amount of material that is charted in the following:……………