Mr Daniel
Assignment
On
Aspects of Contract and Negligence for Business
Submitted by: Marian Daniel Neata
Submitted to: Brit College
Date of submission: 02/06/2014
Contents
Introduction:
A business organization has to face many criteria to conduct business in the worldwide business arena. Different domestic and international rules and regulations help to expand business and sometimes create barrier to the business. The law has an incredible effect over the business organization and others social working groups of the organization. Law helps to determine what is right or what is wrong for conducting a business organization. Contract is a part of the business transaction. Contract is an agreement between two or more parties each of whom has the intention to create a legal relation to have a lawful object between them. Contract is regulated by law that is enforceable by the court and legal jurisdictions. Contract is more used in the partnership business where each party has a common goal, trust one another and a specific time period.
Q1.1: What are the essential elements of forming a valid contract? Explain the importance of each element by providing relevant legal principles derived from decided cases:
An agreement that can be enforced by law is considered as a contract (Jones v.Daniel 1894). An agreement is enforceable by law when it fills up certain conditions that are regarded as essential element of valid contract. Essential elements are: Offer and Acceptance, Lawful Consideration, Intention to create Legal Relationship, Certainty:
Offer
Offer is crucial element for a contract, is very important that the offeror to intend to for a term as an expression of willingness to enter in to a contract, contract which will became lawful upon acceptance. (Gibson V Manchester City Council (1979)1 WLR 294 HL)
Acceptance
An acceptance is a willingness that the offeree agree to all the terms of the offeror has made.
On
Aspects of Contract and Negligence for Business
Submitted by: Marian Daniel Neata
Submitted to: Brit College
Date of submission: 02/06/2014
Contents
Introduction:
A business organization has to face many criteria to conduct business in the worldwide business arena. Different domestic and international rules and regulations help to expand business and sometimes create barrier to the business. The law has an incredible effect over the business organization and others social working groups of the organization. Law helps to determine what is right or what is wrong for conducting a business organization. Contract is a part of the business transaction. Contract is an agreement between two or more parties each of whom has the intention to create a legal relation to have a lawful object between them. Contract is regulated by law that is enforceable by the court and legal jurisdictions. Contract is more used in the partnership business where each party has a common goal, trust one another and a specific time period.
Q1.1: What are the essential elements of forming a valid contract? Explain the importance of each element by providing relevant legal principles derived from decided cases:
An agreement that can be enforced by law is considered as a contract (Jones v.Daniel 1894). An agreement is enforceable by law when it fills up certain conditions that are regarded as essential element of valid contract. Essential elements are: Offer and Acceptance, Lawful Consideration, Intention to create Legal Relationship, Certainty:
Offer
Offer is crucial element for a contract, is very important that the offeror to intend to for a term as an expression of willingness to enter in to a contract, contract which will became lawful upon acceptance. (Gibson V Manchester City Council (1979)1 WLR 294 HL)
Acceptance
An acceptance is a willingness that the offeree agree to all the terms of the offeror has made.
References: 1. Burrows, A. (1995), ‘Solving the Problem of Concurrent Liability’ Current Legal Problems 103. 2. Fleming, J. (1984), ‘Comparative Law of Torts’ 4 OJLS 235. 3. Lewis, R., Morris, A. and Oliphant, K. (2006), ‘Tort Personal Injury Claims Statistics: Is There a Compensation Culture in the United Kingdom?’ 2 JPIL 87. 4. Markesinis, B. S. (1987), ‘An Expanding Tort Law – The Price of a Rigid Contract Law’ 103 LQR 354. 5. Stapleton, J. (1985), ‘Compensating Victims of Diseases’ 5 OJLS 248. 6. Whittaker, D.H. (1990) Managing Innovation: A Study of British and Japanese Factories, Cambridge: Cambridge University Press. 7. Wedderburn, Lord (1986) The Worker and the Law, 3rd edn, London: Penguin. 8. Waddington, J. (1992) Trade union membership in Britain, 1980–1987: unemployment and restructuring, British Journal of Industrial Relations, 30(2): 7–15. 9. Simpson, B. (1986) Trade union immunities. In Lewis, R. (ed.) (1986) Labour Law in Britain, 10 11. CRC-Evans Canada Ltd. v. Pettifer(1997) 12