Aspects of Contract & Negligence for Business
Unit 5: Aspects of Contract & Negligence for Business | By Abdul Mir: FCS#307035 | Mark & Jodie Jones |
Contents Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages of Using a Standard Form 7 Advantages 7 Disadvantages 8 Task 3: Differences Between Contractual & Tortious Law 8 Tortious liability 9 Contractual Liability 9 Expectation Interest 9 Reliance Interest 10 Occupiers Liability 10 Vicarious Liability 11 General Liability 12 Strict Liability 12
Task 1: Formation of a Contract
Formation of a contract requires the following essentials for a contract to become a legal and a valid contract: * Offer * Acceptance * Consideration * Intention to create legal relation * Capacity to contract
Offer & Acceptance
For a contract to even take place at first there has to be an offer which then has to be accepted by the party it has been offered to.An offer is made when one party makes it clear, by words or actions that he is prepared to be bound as soon as the offer is accepted by the person to whom it is made to. Offer can bilateral or unilateral, for example, if I was to tell a friend of mine that I’m going to sell my iPod to him for £50, this will be a bilateral, if an offer was placed in a newspaper (Carlill V Smokeball Co.).
An offer is quite different from an invitation to treat, though it is not always easy to distinguish the two. In the case of Fisher v Bell D put a knife to sell on a window with the price tag hanging. It was a statutory offence under the Restriction of Offensive Weapons Act 1959. The Divisional Court took a literal interpretation of the statute and said he
Contents Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages of Using a Standard Form 7 Advantages 7 Disadvantages 8 Task 3: Differences Between Contractual & Tortious Law 8 Tortious liability 9 Contractual Liability 9 Expectation Interest 9 Reliance Interest 10 Occupiers Liability 10 Vicarious Liability 11 General Liability 12 Strict Liability 12
Task 1: Formation of a Contract
Formation of a contract requires the following essentials for a contract to become a legal and a valid contract: * Offer * Acceptance * Consideration * Intention to create legal relation * Capacity to contract
Offer & Acceptance
For a contract to even take place at first there has to be an offer which then has to be accepted by the party it has been offered to.An offer is made when one party makes it clear, by words or actions that he is prepared to be bound as soon as the offer is accepted by the person to whom it is made to. Offer can bilateral or unilateral, for example, if I was to tell a friend of mine that I’m going to sell my iPod to him for £50, this will be a bilateral, if an offer was placed in a newspaper (Carlill V Smokeball Co.).
An offer is quite different from an invitation to treat, though it is not always easy to distinguish the two. In the case of Fisher v Bell D put a knife to sell on a window with the price tag hanging. It was a statutory offence under the Restriction of Offensive Weapons Act 1959. The Divisional Court took a literal interpretation of the statute and said he