Describe the effects of the words in the advertisement

Unit Name: Unit 5 Aspects of Contract and Negligence for Business

Level: level 4 in business

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Task 1

Question 1 Explain the essential elements of a contract. Should a contract have all those elements to be legally enforceable? What will happen if one of the elements was missing in an otherwise valid contract?

Question 2 Is it possible to have a contract without face to face contact? Discuss.

Question 3 Describe the effects of the words in the advertisement placed by the company informing the readers that it had placed £1000 with the Alliance Bank to meet any possible claim.

Task2

Question 1 Give a clear opinion on whether the essential elements of a contract were present in the very first agreement between David and William. Identify the elements that were present and that were not.

Question 2 When William informed David of the requirement to complete the work before 31 July 2014, was a contract formed between them? Discuss.

Question 3 a) Discuss the position of David when he informed William on 25 June 2014 that he would not be able to complete the work before 31 July 2014. Was he in violation of the contract terms?

b) Explain the situation to David on his claim for the additional £ 2000 for completing his work before 31 July 2014

Task 3

Question 1 Describe, using example, how a liability in tort may arise. How does it differ from a contractual liability?

Question 2 Describe what have to be proved by the claimant in order for the courts to establish tort of negligence has occurred.

Question 3 Describe the concept of ‘vicarious liability'. Give two examples where an owner of a business could be held liable for the actions of his/her employees. Also give two examples where an owner of a business would not be held liable for the actions of his/her employees.

Task 4

Question 1 Compare and contrast the verdict in Donoghue v Stevenson (1932) with Hill v Chief Constable of West Yorkshire (1989). What defences were used in each case? Give your view on the verdict of the second case. Do you consider it as a just verdict?

Question 2 Discuss his position from the vicarious liability point of view.

Understanding the legal framework for business is crucial for aspiring professionals. This Unit 5 assignment delves into two key areas:

1. Contract Law:

Formation of contracts: Analyze essential elements like offer, acceptance, consideration, intention, and capacity to contract.
Types of contracts: Understand how contracts are categorized based on formation, performance, and subject matter.
Contractual terms and conditions: Explore different types of terms, their interpretation, and legal implications.
Breach of contract and remedies: Learn about remedies available for non-performance or breach of contract.

2. Negligence Law:

Duty of care: Understand the concept of duty of care and its application in various situations.
Breach of duty: Analyze what constitutes a breach of duty and factors determining negligence.
Causation and remoteness of damage: Evaluate how causation and remoteness are established in negligence claims.
Defenses to negligence claims: Explore legal defenses available to parties accused of negligence.

Developing a strong understanding of these areas is essential for:

Risk management: Identifying and mitigating potential legal risks associated with business operations.
Contract negotiation and drafting: Ensuring contracts are clear, concise, and legally sound.
Effective dispute resolution: Understanding options available to resolve contractual or negligence-related disputes.

This Unit 5 assignment provides you with the opportunity to:

• Apply your knowledge of contract and negligence law to real-world scenarios.
• Develop critical thinking and analytical skills.
• Enhance your research and writing abilities.
• Demonstrate your understanding of legal principles relevant to business.

By mastering these concepts, you will be well-equipped to navigate the complex legal landscape of the business world.

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