Nobody downloaded yet

'Aspects of contact and negligence for business'-subject - Assignment Example

Comments (0) Cite this document
Summary
The task will also discuss the different types of contracts their impact in terms of formation, beach and remedies. An analysis of implied and…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.1% of users find it useful
Aspects of contact and negligence for business-subject
Read TextPreview

Extract of sample
"'Aspects of contact and negligence for business'-subject"

Download file to see previous pages If any of these elements is missing, the agreement cannot be treated as a valid contract.
The first element of a valid contract is an offer, which is an expression of the willingness of a party to enter into a contract and intends to be bound if the offer is accepted. The offer should include terms, which are certain and be communicated to the offeree (Bayern, n.d.). An offer should be distinguished from an invitation to treat. An invitation to treat is a declaration to enter into negotiations and cannot be accepted in the formation of a contract. They form part of preliminary negotiations and cannot be deemed an offer. The court in Harvey v Facey (1839) held that an invitation to treat is an indication by the owner that they are interested in selling an item. An offer remains open until the specified time expires or is accepted. Where there is no time limit, it is deemed to have expired after a reasonable time as passed. Death or insanity of either party terminates an offer. It can also cease to exist if it is expressly or by conduct demonstrate d that it no longer exists. If an offer is made to the general public, it can only be terminated by communicating through the same channel the offer was made. An offer can be rejected by the offeror or with a counter offer (Bix, 2012). In Hyde v Wrench (1840), the court held that a counter offer kills the original offer and the initial offer cannot be accepted at a future time. In Smith v Hughes (1871), the court pointed out that in determining whether there is a valid offer, the parties’ intentions are not important but rather how a reasonable person would consider the situation.
The second element of a valid contract is acceptance, which is an expression of agreeing to the terms of the offer. An acceptance can only be valid if the party agreeing to it is aware of the existence of an offer. It must also be unconditional, clear and mirror the terms of the offer. Acceptance becomes ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“'Aspects of contact and negligence for business'-subject Assignment”, n.d.)
Retrieved from https://studentshare.org/law/1681032-aspects-of-contact-and-negligence-for-business-subject
('Aspects of Contact and Negligence for business'-Subject Assignment)
https://studentshare.org/law/1681032-aspects-of-contact-and-negligence-for-business-subject.
“'Aspects of Contact and Negligence for business'-Subject Assignment”, n.d. https://studentshare.org/law/1681032-aspects-of-contact-and-negligence-for-business-subject.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Aspects of Contract and Negligence for Business
...? Aspects of Contract and Negligence For Business Liability Tort According to Bergelson (2009, p. 57), tort liability is a situation where a person is lawfully held responsible to a casualty due to civil mistake. This liability occurs where the party breaches the rights of the party and contravention of the communal duty hence causing injury to other person or persons. The case is charged in the court in order to establish the liable party and assess the damages the wrongdoer is supposed to pay to the wronged party. According to common-law doctrine, employers are held responsible for the mistakes or carelessness of their workers (Engel & Mccann 2009, P.234). Under the contract law, the...
7 Pages(1750 words)Essay
Aspects of Contract and Negligence for Business
...?Aspects of contract and negligence in a business Task1: Question The elements of a valid contract include; offer and acceptance, competent persons and having legal capacity who exchange, consideration to create, and lastly, mutuality of obligation (Walston-Dunham, 2008: 417). As result, every valid contract has particular characteristics. If at all any of them are absent, the enforceability of the agreement then comes into question. Most importantly, every contract must have two or more parties that provide some act or benefit does not have the legal right to be the recipient. All contracts must involve (a) at least two parties, (b) parties who have the legal capacity, (c) a...
12 Pages(3000 words)Essay
Aspects of Contract & Negligence
... Aspects of Contracts Question 2 The most important consequences for the parties to a contract are the legally binding and enforceable nature of the agreement forming the basis of the contract (Koffman and MacDonald, p. 1). In essence the contract will set out the parties’ obligations in terms of their “undertakings or promises” to which the parties are bound and failure to carry out these undertakings or promises will allow the injured party to obtain a remedy for a breach (Koffman and MacDonald, p. 1). For example, a contractor agrees to construct a building on a specific site for the site owner within a particular timeframe and pursuant to detailed specifications in consideration of a specific price to paid by the site owner... a contract...
15 Pages(3750 words)Assignment
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS
...?Aspects of Contract and Negligence for Business Table of Contents Aspects of Contract and Negligence for Business Table of Contents 2 Task LO1)3 1.1 Explain the Importance of the Essential Elements Required For the Formation of a Valid Contract 3 1.3 Analyse Terms in Contracts With Reference To Their Meaning and Effect 5 Conclusion 6 Task 2 (LO2) 7 2.1 Apply the Elements of Contract in Given Business Scenarios 7 2.2 Apply the Law on Terms in Different Contracts 7 2.3 Evaluate the Effect of Different Terms in Given Contracts 8 Conclusion 9 3.1 Contract Liability in Tort with Contractual Liability 9 3.2 Explain the Nature...
10 Pages(2500 words)Essay
Contractual Aspects and Business Negligence
...clause is a clause contained in a contract, which seeks to limit the rights of parties to the contract. Exemption clauses have to be reasonable and liability cannot be excluded for faulty goods, personal injury or death resulting from the negligence of the party relying on the clause. Where there is an ambiguity the wording of an exemption clause, the clause is interpreted against the party relying on it. There are two types of exemption clauses; limitation clauses which limit the liability of a party and an exclusion clauses which excludes the party from liability (Austen-Baker 2011). Task 3: Principles of Liability in Business Negligence Q3.1 There are two types of liability,...
9 Pages(2250 words)Coursework
Aspects of Contract and Negligence for Business
...exclude itself from deaths caused by consumption of its medicines contaminated by toxins. Task 3 3.1 Aspects of negligence claims Liabilities in tort can be imposed upon defendants that had no preexisting legal relations with the victims of injury, whereas contractual liabilities involve parties whose relationship was guided by a valid contract (Whincup, 2006). The duty of care is naturally implicit in the fitness of a product and service for use. For instance, a flour miller owes its consumers the duty of care to provide products that are free from any defects or harm. As such, a consumer who suffers food poisoning after eating contaminated flour has the rights to sue the miller for a breach of the duty...
5 Pages(1250 words)Essay
Aspects of Contract and Negligence for Business
... Aspects of Contract and Negligence for Business Analyse terms in contracts with reference to their meaning and effect (250 words) A contract is an agreement that is enforceable in a court of law.The agreement can take the form of a promise or promises that have been accepted by the parties. Two elements that are necessary for there to be an agreement is the offer that has to be followed by acceptance of the offer. Only agreements that can be enforced at the courts of law can be regarded as contracts. A contract must therefore have the element of an agreement and legal obligation. Not all agreements are necessarily contracts but only those that give rise to a legal obligation. Agreements to commit unlawful or illegal acts... the consent is...
2 Pages(500 words)Essay
Aspects of Contract and Negligence for Business
... Business November 22, Aspects of Contract and Negligence in Business Under the law As use of contracts is becoming a normal form of relationship, it is important that we understand the elements that makes it valid, enforceable and binding 1. Presentation at Clegdon College.. What is a contract? A contract is an agreement entered into by two or more persons and could be done orally, written, or a combination of both. Essential elements of a contract. A contract, to be valid, must have the required elements prescribed by law. These elements are: First, it should have an offer which is accepted and a consideration is given. Second, It has an intention to create legal relationship and Third, there must be certainty of term... and...
8 Pages(2000 words)Essay
ASPECTS OF CONTRACT AND NEGLIGENCE
...Aspects of Contract and Negligence College Introduction English legal system places a high worth on ensuring that people have truthfully consented to the contracts that tie them in court. Generally a contract is formed when one individual gives an offer, and another individual accepts it by communicating their concurrence or performing the offers condition and terms. In this case the two individuals undertaking the contract should have a legal capacity to do so, otherwise the contact will have no legal consequences on the parties. If the contract terms are certain, and the two persons can be assumed from their conduct to have anticipated that the expressions are binding, therefore, the...
5 Pages(1250 words)Assignment
Aspects of contract and negligence for business
...Aspects of contract and negligence for businesses Task A contract, also known in other jurisdictions as an agreement is a legally binding agreement between two parties who create the agreement voluntarily with the intention of creating legal obligations between them. The elements of a contract are an offer, consideration, acceptance and mutuality (Cibinic, Nash & Nagle, 2006). An offer refers to the promise that a party makes to the other expressing his or her interest to engage in a particular activity. Acceptance on the other hand just as the name suggests refers to the acceptance of the terms just as promised by the first party. Chen-Wishart (2012), explains that the process of making...
8 Pages(2000 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Assignment on topic 'Aspects of contact and negligence for business'-subject for FREE!
Contact Us