Preview

legal contract

Powerful Essays
Open Document
Open Document
3943 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
legal contract
Title of the topic:

Submitted to:

Submitted by:

Date of submission:

Contents
Executive summery 3
Introduction 3
LO 1 A valid contract in a Business Context 3
1.1 The importance of the essential elements required for the formation of a valid contract 3
1.2 Impact of different types of contract 4
1.3 Analyze terms in contracts 5
LO 2 Elements of a contract in Business situations 6
2.1 Elements of contract in given business scenarios 6
2.2 Law on terms in different contracts 6
2.3 Effect of different terms in given contracts 7
LO 3 Negligence in Business Activities 7
3.1 Contrast liability in tort with contractual liability 7
3.2 Nature of liability in negligence 8
3.3 How a business can be vicariously liable 9
LO 4 Principles of liability in negligence in Business Situations 10
4.1 The elements of the tort of negligence and defense in different business situations 10
4.2 The elements of vicarious liability in given business situation 12
Conclusion 12
Reference 13

Executive summery
In one case PRIMARK contracts with PRESEC Pacesetters, to prove that whether the contract is legal here I have described the elements of legal contract. The impact of the elements in a contract, terms in contract and its analysis, the law relating legal contract are described here. In another case the Top Tooling plc. is vicariously liable for Ben peters’ misdeed that injures a pedestrian, to describe its legality I have used tort, tort of negligence and its elements. The vicarious liability and its elements regarding this tort are described here. The nature of tort of negligence, its defenses in different business situation are also included in this assignment.
Introduction
To be a legal contract one company must follow the elements regarding the laws of contract and its elements. When contracting with the PRESEC Pacesetters, PRIMARK should ensure that the laws of contract and its elements are followed carefully. To prove the tort of negligence the elements should

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    A valid contract has four elements for contract formation: (1) an agreement ( offer and acceptance) (2) supported by legally sufficient consideration ( 3) for a legal purpose and (4) made by parties who have the legal capacity to enter into the contract.( Miller & Jentz,…

    • 527 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

      Company A’s Defense: Impracticability and rights to delegate Company A is responsible for the poor workmanship of Company B BREACH OF CONTRACT  Tom’ Offer???  Assessing Tom’s position  Determining Breach Of Contract  Harry’s Legal…

    • 1103 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Law 201 Case Study

    • 293 Words
    • 2 Pages

    Raymond Smith recently bought a new car from a car dealership. The sales contract he signed contained language expressly denying liability for personal injuries caused as a result of defects in the car. It also limits the remedy for breach of warranty to repair or replace the defective part. Unfortunately one month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. I will determine what would be the result if Raymond Smith sued the dealership.…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Business Law

    • 668 Words
    • 3 Pages

    Rules--- according to review the textbook, we could list some of law and concept to discuss this case, such as Privity of contract, Bilateral contract, Revocation of offer by offeror, condition, anticipatory repudiation, remedy and compensatory damage.…

    • 668 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    This is an introductory course, prerequisite to further studies in law. The course begins with a discussion of the nature and sources of law and an examination of the court system in Canada, the Charter of Rights and Freedoms, and a survey of the more important aspects of the law of torts. The course then concentrates on the legal requirements for the formation of a valid contract. Other major contract law topics include interpretation, privity, discharge, breach, and special types of contracts. Selected cases will be examined. This course, including all communications with the instructor, does not constitute legal advice, but academic information only. If you require legal advice to rely upon, you should retain a lawyer.…

    • 3599 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    TORTS Final Exam Outline

    • 4593 Words
    • 19 Pages

    • In order to determine if a child is behaving negligently, a child must conform to what a reasonable person of like, age, intelligence, and experience under like circumstances.…

    • 4593 Words
    • 19 Pages
    Powerful Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    The introduction part of the case presents short history of the company and some theoretical aspects. The second part i.e. analysis will build up on the problems identified from the case, the possible solutions created by the company and how the solution affected the company. The last part will conclude the case by discussing the lessons gained from the case and recommending ways through which the case can be handled.…

    • 1546 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Amber Pretty Exercise

    • 1874 Words
    • 8 Pages

    Defective products, which cause damage, can give rise to liability and this traditionally arose under the common law. However, the common law approach places the burden on the claimant to establish that the defendant owes a duty to him, was in breach of that duty and that they suffered damages as a result of that breach, and it may not always be straightforward to establish causation, especially when the defect arose on part of the manufacturer. Claims may also arise in Contract law under statutory devices, such as the Supply of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Unfair Contract Terms Act 1977.…

    • 1874 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Liebeck vs Mcdonalds

    • 1788 Words
    • 8 Pages

    This assignment is regarding the Liebeck vs McDonalds case back in 1992. The issues involved are discussed thoroughly as well as the difference between consumer protection laws in Malaysia and also the United States where the case took place. This assignment will also discuss the implications of the case and also businesses/consumers responsibility when handling accident prone products.…

    • 1788 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    Product Liability

    • 2251 Words
    • 10 Pages

    Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the responsibility of manufacturers, distributors and sellers of products to the public, to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective (Product Liability, 2011). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of products liability suits (Product Liability Law). Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. If a person(s) is injured while properly using a product that is defective, they have a right to file a claim against the company that would be titled a product liability lawsuit. However, in order to prevail on a product liability claim, the product complained of must be shown to be defective (Product Liability Law, 2011). A defective product causes injury or damage to a person or a person's property because of some defect in the product, its labeling or the manner in which the product was used. There are three types of product defects that incur liability in manufacturers and suppliers: design defects,…

    • 2251 Words
    • 10 Pages
    Better Essays
  • Better Essays

    Business Law Assignment

    • 2769 Words
    • 7 Pages

    (a) Dylan was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result he was out of work for four months and he incurred considerable medical expenses. His leg did not heal quickly or completely because of a hereditary bone defect which he suffered. Hence he had to take on lighter work, which did not pay as well as his former employment. i) What legal action is available to Dylan against the proprietor of the store, or the cleaner or the floor polish manufacturer The case states that Dylan incurred medical expenses due to slipping on the highly polished floor when shopping at Quills Department Store. This case applied to Australian common law, implied terms of negligence. The first issue is whether the proprietor of Quills Department Store is liable to Dylans injury. In order to determine, there are three steps must be satisfied. Firstly, if the proprietor owed a duty of care to Dylan need to be determined. The cases Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479, Strong v Woolworths Ltd (2012) HCA 5 are applied which implied that a retailer owes a duty to its consumers. In this case, Quills Department Store is an operating store. Dylan is a lawful consumer. The relationship between them satisfied the neighbour test for duty of care set out in Donohue v Stevenson (1932) AC 562. The normal rules of negligence applied to the case of property owners and person injured on the property. Therefore, the store owed a duty to take reasonable care to Dylan. Secondly, it is necessary to examine whether the proprietor had exercise the proper standard of care. The proper standard of care is that how a reasonable person would have responded to the foreseeable risk, to balance risks, consequences and cost. The weighing test is demonstrated in Wyong Council v Shirt (1980) 146 CLR 40, Graham Barclay Oysters Pty Ltd v Ryan 2000 FCA 1099, Woods v Multi-Sport Holdings Pty Ltd 2002 HCA 9. Considering the high…

    • 2769 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Tort Law

    • 1086 Words
    • 5 Pages

    Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.)…

    • 1086 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The following information is advice for Mr Murray Kapp in regards to whether Mr Bob Mann of Weimar Investments Ltd is vicariously liable for the negligent conduct of Mr Barrie Bauer. In order for liability to exist, the contract between Mann and Kapp must be a contract of service (rather than for). To determine this, there are multiple legal tests that should be considered including, the ‘control’ test, the ‘organisation’ test, the ‘business’ test and finally the ‘multifactor’ test.…

    • 922 Words
    • 4 Pages
    Good Essays

Related Topics