Aspects of Contract and Negligence for Business Essay Assignment Paper
Aspects of Contract and Negligence for Business Essay Assignment Paper
Aspects of Contract and Negligence for Business
Scenario: You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations based on your knowledge of UK law.
Case study 1
Jess advertised a second hand van for sale on a car trade website for 2650.00. Mr. Powell views the advertisement and call Jess to express his wish to buy the van. But due to the fact that he lives 600miles away he offered to come and buy the van after 3 days. Jess says that she would sell the van if any other customer wishes to buy the vehicle before Mr. Powell arrived. For this Mr. Powell agreed to pay 450 pounds in advance if Jess promises she would not sell for the next 3 days. Jess agrees to this.
Case study 2
Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later the chair collapses under him damaging his clothes. When Barry complains the attendant points to a clause on the ticket which states No liability is accepted for any damage or injury caused by the failure of any hired equipment.
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Task 1: LO1 (LO1.1 LO1.2 LO1.3) M1
Considering the Case study 1 mentioned above define the legal meaning of the term contract and explain the important elements of a valid contract. Identify and discuss the terms of offer and whether there has been acceptance of the offer. Identify the intention to create legal relations and the consideration of moving between the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect and explain the factors that would impair the formation of a contract.
To achieve M1 the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain analyse and make effective judgements about elements of contract.
Task 2: LO2 (LO 2.1 LO 2.2 LO2.3) D1
Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration apply the elements of contract in given business scenarios. Apply the law on terms in different contracts and evaluate the effect of different terms in given contracts.
To achieve D1 the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties.
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Assignment Brief B
Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 24th February 2014
Deadline/hand-in 20th June 2014
Assessor
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a report with reference to the case study given and compare and contrast liabilities. Give detailed explanation of the nature of liability in negligence and its effect on businesses.
Scenario: This scenario continues as before in Assignment Brief B. You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations based on your knowledge of UK law.
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Case study 3
3. Adam advertises a reward of 1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the news paper purchases a bath and sets out from Dover. On the same day whilst Brian is in mid-channel Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay.
Task 3: LO3 (LO 3.1 LO3.2 LO3.3) M2 D2
Is Brian entitled to claim the reward? Taking this scenario into consideration contrast liability in tort with contractual liability. Explain the nature of liability in negligence and explain how a business can be vicariously liable.
To achieve M2 the learner will be using the given business scenarios to apply the law on terms in different contracts while evaluating with evidence of two or more sources of information for each legal point in the assignment. To achieve D2 the learner will demonstrate the qualities of managing and organising responsibility in order to carry out activities.
Assignment brief C
Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
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