1. Discuss the impact of different types of contracts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HND	ASPECTS OF CONTRACT AND NEGLIGENCE FOR
ASSIGNMENT	BUSINESS – HND BUSINESS ASSIGNMENT
HELP	REPORT

 

 

 

 

Introduction

 

 

 

This aspects of contract and negligence assignment report deals with the concept of law of contracts, the law of negligence and the law of tort. In this report we will discuss the different implications of law of contract which deals with the agreement between two parties who have the intention to make it legally binding in different cases and scenario, we will discuss the types of contract and essential elements of a contract. We will also see the effect of the breach of the terms of the contracts like condition and warranty. Next we will see the importance of law of tort which deals with civil wrongs and will discuss the law of negligence which puts legal duty of care and vicarious liability which makes the employer liable for wrongs of the employee. We will bring out the similarities mad difference between thelaw of contract and the law of tort.

 

TASK 1

 

 

1. Discuss the impact of different types of contracts (e.g. face

 

to face, written, distance selling)

 

 

Face-to-face contract: are also known as verbal contracts where two parties agree to enter in a contract verbally, in this contract no paper is signed by the parties, which makes it difficult to be proved but it still can be proved if it was done in the presence of any third party(NOLO, 2014).

 

Case on this contract

 

(JOACHIM v. WELDON, 1962)-In this case the oral contract between the parties was held to be legally enforceable because the contract was cogent,clear and forcible as there was no doubt left on the terms of the contract.

 

Written contract: Those contract in which all the terms and conditions of a contract are mentioned in the contract in a written form and it has been signed by both the parties to a contract, the contract becomes binding after it has been signed (THE LAW

 

 

 

 

Assignment Reports By www.hndassignments.co.uk

HANDBOOK, 2013). Written contracts are like any sale of deed, or loan agreements, rent agreements are examples of written contracts.

 

Distance selling contract: are those contracts which are concerned with goods and services between a supplier and a customer under distance sales provisions scheme which makes exclusive use of distance communication up to and includes the moment at which the contract is made (THE OFFICE OF FAIR TRADING, 2006). Examples of distance selling contract include online shopping site, ordering material from different state or country.

 

2. Explain the importance of the essential elements required

 

for the formation of a valid contract.

 

 

Essential elements of a valid contract are:

 

Offer: where one person puts forward a proposal to enter into a contract.

 

Acceptance: when the person to whom the offer was made, gives his consent to the offer and accept the terms of the contract.

 

Consideration: it is the bargain which one party gives to another in lieu of a promise. Intention: It means that the party to a contract should have the intention that the agreement in which they are entering will be legally binding in nature.

 

Capacity: it means legal capacity a person who is an adult and who possess a sound mind can enter into a contract.

 

MINI CASE-A, in this casethe postal rule applies which was given in the case of Adams v Lindsell (1818) where it was decided that there was a valid contract between the parties as soon as the letter of acceptance was placed in the post box, so in the present case also there was a valid contract between Fiona and Arnold.

 

MINI CASE-B, this case deals with the concept of unilateral contracts where the offer or asks for an act from the offeree to show his acceptance of the offer, in a unilateral contract the contract is complete as soon as the offeree accepts the offer and gives his acceptance in the form of an act this was decided in the case of Carlill v. carbolic smoke balls(1893) and likewise in the present case the contract was an unilateral contract and

as David has performed the act after seeing the advertisement Mrs. Smith cannot refuse to pay.

 

MINI CASE-C, this case deals with the concept of past consideration where a consideration is promised after the task has been completed, past consideration is not considered valid and enforceable as given in the case of Re McArdle(1951) where it was decided that past consideration is not a valid consideration, similary in the present case the promise of consideration was made after the task has been completed therefore it is not a valid consideration and Ted cannot claim for the payment of £50.

 

MINI CASE-D, this case deals with the topic of intention and both the parties did not had the intention to enter into a legally binding contract, as is given in the clause of contract which says that it is not a legal agreement but it is a honourable pledge, so in the present case the agreement is not enforceable but it is a legally valid contract where the order of the cars was given and it was accepted, so that part is enforceable but the whole contract is not, as was decided in a case with similar facts(Rose v Crompton Bros ,

 

1925).

 

 

3. Analyse terms in contracts with reference to their meaning and effect in the

 

mini-cases above.