- •Introduction 8
- •Introduction 11
- •Introduction 15
- •Introduction
- •Explanation of the importance of the essential elements required for the formation of a valid contract
- •What is contract?
- •What are the main parts of a valid contract?
- •Agreement
- •Consideration
- •Intention
- •Capacity
- •Discussion about the impact of different types of contract Classification of contracts
- •The impact of different types of contract
- •1.3 Analysis of terms in contracts with reference to their meaning and effect Express and implied terms
- •Conditions and warranties, innominate terms
- •Exclusion clauses and onerous terms
- •Case of Mr b and Mr c jr
- •Case of Mr d, Mr a, Mr b and Miss e
- •Case of Mr a, Professor f and Doctor g
- •Case of father of Mr c jr, Mr c and Mr b
- •Case of Mr a and Miss e
- •2.2 Applying the law on terms in different contracts
- •Case of salesman from Tills Ltd - Mr h and Mr a
- •Case of Mr a and Mr I
- •2.3 Evaluating the effect of different terms and conditions Case of Mr a and Tills Ltd
- •Case of Mr a and Tills Ltd, PayPal
- •Conclusion
- •Introduction
- •3.1 Contrasting liability in tort with contractual liability
- •Types of tort
- •3.2 Explanation of the nature of liability in negligence
- •3.2.1 Owed a duty of care
- •Duty of care for economic loss
- •Continued occupiers liability
- •3.2.2 Breach of duty of care
- •Continued principles affecting standard of care
- •Defences
- •3.3 Explanation how a business can be vicariously liable
- •Case of Mrs y and Miss z
- •Case of Mr w and Miss z
- •Case of Mr V and Miss z
- •Case of Miss z, stu advertising agency and pqr
- •Case of pqr and Miss z
- •4.2 Applying the elements of vicarious liability
- •Case of Mr o, Mr n, Mr m and Miss z
- •Case of Mr o, Miss z and Mr l
- •Case of Mr o, Mr k and Miss z
- •Conclusion
OBC Aspects of Contract and Negligence for Business Natalia Durmanova
Content:
Introduction 3
1.1 Explanation of the importance of the essential elements required for the formation of a valid contract 3
What is contract? 3
What are the main parts of a valid contract? 4
Agreement 4
Consideration 4
Intention 5
Capacity 5
1.2 Discussion about the impact of different types of contract 6
Classification of contracts 6
The impact of different types of contract 6
1.3 Analysis of terms in contracts with reference to their meaning and effect 7
Express and implied terms 7
Conditions and warranties, innominate terms 7
Exclusion clauses and onerous terms 7
Conclusion 7
Introduction 8
2.1 Applying the elements of contract in given business situations 8
Case of Mr A and Mr B 8
Case of Mr B and Mr C jr 8
Case of Mr D, Mr A, Mr B and Miss E 8
Case of Mr A, Professor F and Doctor G 8
Case of father of Mr C jr, Mr C and Mr B 9
Case of Mr A and Miss E 9
2.2 Applying the law on terms in different contracts 9
Case of salesman from Tills Ltd - Mr H and Mr A 9
Case of Mr A and Mr I 9
2.3 Evaluating the effect of different terms and conditions 9
Case of Mr A and Tills Ltd 9
Case of Mr A and Tills Ltd, PayPal 10
Conclusion 10
Introduction 11
3.1 Contrasting liability in tort with contractual liability 11
Types of tort 11
3.2 Explanation of the nature of liability in negligence 12
3.2.1 Owed a duty of care 12
Duty of care for economic loss 12
Continued occupiers liability 12
3.2.2 Breach of duty of care 13
Continued principles affecting standard of care 13
Defences 13
3.3 Explanation how a business can be vicariously liable 14
Conclusion 14
Introduction 15
4.1 Applying the elements of tort of negligence and defences 15
Case of Miss Z, Mrs X and Mrs Y 15
Case of Mrs Y and Miss Z 15
Case of Mr W and Miss Z 15
Case of Mr V and Miss Z 15
Case of Miss Z, STU advertising agency and PQR 15
Case of PQR and Miss Z 16
4.2 Applying the elements of vicarious liability 16
Case of Mr O, Mr N, Mr M and Miss Z 16
Case of Mr O, Miss Z and Mr L 16
Case of Mr O, Mr K and Miss Z 16
Conclusion 16
Introduction
In this paper I will explain the importance of the essential elements required for the formation of a valid contract, discuss the impact of different types of contract and analyze terms in contracts with reference to their meaning and effect.
Explanation of the importance of the essential elements required for the formation of a valid contract
The origin of law is obscure, but society cannot exist without law. Law is any rule that society will enforce. There are 5 types of law which are civil law, common law, procedural law, substantive law and case law.
Common law is a unity of all judicial decisions. Common law should not be confused with the civil law. In the common law a code is a collection of statutes passed by a legislature.
Civil law: the main feature of civil law is an attempt to establish a body of legal rules in one code, a single legislative enactment.
Case (precedent) law is a law based on a precedent, when the judge follows a prior decision. The basis of case law is in two documents: Magna Carta (1215) and English Bill of Rights.
Also, there are criminal and contract laws.
Criminal law is the body of law that relates to crime. It regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. (Wikipedia)
English contract law is a body of law regulating contracts in England and Wales. Any agreement that is enforceable in court is a contract. (Wikipedia)
What is contract?
According to Business Dictionary contract is a negotiated and usually legally enforceable understanding between two or more legally competent parties. In law, another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration (payment or performance) based on specific terms. To be legal a contract should be in writing and under seal. Contracts which are in violation of law or against public policy are illegal.