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ASPECTS OF CONTRACT AND NEGLIGENCE FOR
BUSINESS – HND BUSINESS ASSIGNMENT
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.
Discuss the impact of different types of contracts (e.g. face
face, written, distance selling)
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
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.
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
2013). Written contracts are like any sale of deed, or loan agreements, rent
agreements are examples of written contracts.
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
2. Explain the
importance of the essential elements required
the formation of a valid contract.
elements of a valid contract are:
Offer: where one person puts
forward a proposal to enter into a contract.
the person to whom the offer was made, gives his consent to the offer
accept the terms of the contract.
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.
means legal capacity a person who is an adult and who possess a sound
can enter into a contract.
CASE-A, in this casethe
postal rule applies which was given in the case of Adams
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.
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
David has performed the act after seeing the advertisement Mrs. Smith cannot
refuse to pay.
CASE-C, this case deals with
the concept of past consideration where
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.
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 ,
Analyse terms in contracts with reference to their meaning and effect in the
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