Aspects of Contract and Negligence

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Table of Contents

Introduction        11

Task 1        11

1.1: Explain the importance of the essential elements required for the formation of a valid contract        11

1.2: Discuss the impacts of different types of contracts in terms of forming, binding and enforceable contracts under UK law        12

1.3:  Analyze contract terms with reference to their meaning and effect        13

Task 2        14

2.1: Apply the understanding of essential elements of a valid contract to advise both parties if a contract has been formed in this situation        14

2.2: Apply the law on terms of different contract        14

2.3: Evaluate the effect of different terms in given contracts        15

Task 3        16

3.1: Contrast liability in tort with contractual liability        16

3.2: Explain the nature of liability in negligence        16

3.3: Explain how a business can vicariously liable        17

Task 4        18

4.1: Apply the elements of the tort of negligence and defenses in different business situation        18

4.2: Apply the elements of vicarious liability in given business situation        18

Conclusion        19

Reference        20

Liability

Introduction

When two merchant works together then two terms comes to the point those are contract and negligence. Contract refers an agreement between two parties on the basis of some terms and condition. At the point when an agreement is formed at that point few obligation are forced to the both sides. At the point when any groups dismisses the terms and responsibility of the agreement that is known as the negligence. In this assignment different aspect of contract and negligence has been discussed. Here the tort of liability and the contrast liability of the contract have been discussed. This paper is enhanced by four activities and these jobs consist of four small activities (Whincup, M. 2010).

Task 1

1.1: Explaining the importance of the essential elements required for the formation of a valid contract

To prepare a valid contract there are certain elements, without the essential elements it is not possible to make a valid contracts. To prepare valid contract the important elements are offer, acceptance, capacity, certainty, consideration, intension to a legal relation.

Primarily to prepare a lawful contract it is need to offer the contract to the people or business organization. The offer can be through advertisement in newspaper, social media, television, via email etc. Then the elements acceptance comes to the point. The person will make the contract have accepted the contract offer. Without acceptance it is not possible to make a contract. After accepting the contract the person will be considered whether the contract is beneficial for him or not. If the person considers that the contract is beneficial for him then the contract will made. It is most important to maintain the legal issues for making contract. The contract will become unacceptable and unlawful if the legal matters are not sorted out. (Wright, S. 2007).