- •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
Case of Mr a and Mr I
One party is demanding penalty for each book that was not delivered according to the contract they made. There is a point in the contract about penalties but it is written in a small print. This is an onerous term – penalty clauses - actually, he can ask for money because this condition is in the contract but it is better when such terms are written in normal size print.
2.3 Evaluating the effect of different terms and conditions Case of Mr a and Tills Ltd
Fifteen months later Mr A noticed regular errors in the stock system and he had to hire help monthly to fix the records. Mr A claims that he is entitled to terminate the hire agreement. Mr A can claim for extra expenditures on help once a month. And Tills have to solve his problem because salesman said it would be stock control facilities for three years. Actually Tills cannot refuse Mr A to rectify the problem because it has happened after 15 months from the contract had been made. If they will refuse to help him they will breach a condition of the contract and Mr A will be able to terminate the contract.
Case of Mr a and Tills Ltd, PayPal
PayPal launches a new industry standard for online transactions which is incompatible with Mr A`s system. That made internet sales impossible, but it was the main reason why Mr A accepted salesman`s offer. Tills Ltd still refuses to update the system and Mr A wants to sue. He can sue because the salesman and Mr A have discussed trends in online ordering and salesman gave the evidence that this system is essential. Also Mr A can say that he was misled or the contract was made fraudulently.
Conclusion
In this paper I have applied the elements of contract in given business situations, applied the law on terms in different contracts and evaluated the effect of different terms.
Introduction
In this paper I will contrast liability in ort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable.
3.1 Contrasting liability in tort with contractual liability
Liabitity in contract – you agree to be bound by terms and the concept of privity says that you need to provide consideration to a contract to be able to claim. In tort this cannot be the case, although there is an equivalent: damnun sine injuria (damage without wrong). There is no clear definition of tort, tort is doing something wrong. Liability in tort – you have a duty to respect rights such as :to speak, to move, to live in comfort etc. And if you breach someone rights you will be a tortfeasor (who did wrong) and person can sue you.
Privity is not a defense and the following example supports that fact. Two friends went out to the café and one of them bought beer for both. Other guy has drunk half of the bottle and then decided to pour beer from a bottle into a glass and suddenly the dead snail fall out. Next day he was sick and it was a food poisoning. He wants to sue Beer Company for health damage but according to the law he cannot sue because he was not a party of the contract.
Types of tort
Negligence – someone do not take enough care.
A good example of negligence is a story about Welsh Plastic and a company owns a factory. The company needs lots of water to produce their stuff and there is a contract between the factory and water company that provided one hydrant to this factory. Welsh Plastic driver was inattentive and bumped into the hydrant – factory cannot produce anything and became getting losses and are going to sue welsh Plastic for that. But company owns the factory cannot do that because the hydrant is not their property, only Water Company can sue Welsh Plastic.
Nuisance – smell, noise, pollution.
For example, it is autumn and there are lots of leaves around in my garden. I have collected them and started to burn. The weather was windy and the smoke was flying to my neighbour`s house. That was a breaching of my neighbours` right to live in comfort.
Trespass – going on someone land.
If I do not burn leaves from previous example and put them on neighbours` land it will a trespass.
Libel (written) and lander (spoken) – saying something bad or not true about someone.