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Aspects Contract Negligence in Business
|Qualification||Unit number and title|
|BTECH Level 5 HND Business Studies||Unit 5: Level 4
Aspects of Contract and Negligence in Business
|Student name||Assessor name|
|Date issued||Completion date||Submitted on|
|26th September 2014||15th November 2014 before 12.00 midday|
|Aspects of Contract & Negligence in Business – Resit|
|Assessment Criteria||In this assessment you will have the opportunity to present evidence that shows you are able to:||Task no.||
|LO1||Understand the essential elements of a valid contract in a business decision making.||1.1||Explain the importance of the essential elements required for the formation of a valid contract.|
|1.2||Discuss the impact of different types of contract.|
|1.3||Analyse terms in contracts with reference to their meaning and effect.|
|LO2||Be able to apply the elements of a contract in business situations.Aspects Contract Negligence in Business||2.1||Apply the elements of contract in given business scenarios.|
|2.2||Apply the law on terms in different contracts.|
|2.3||Evaluate the effect of different terms in given contracts.|
|LO3||Understand principles of liability in negligence in business activities.||3.1||Contrast liability in tort with contractual liability|
|3.2||Explain the nature of liability in negligence|
|3.3||Explain how a business can be vicariously liable.|
|LO4||Be able to apply the principles of liability in negligence in business environment.||4.1||Apply the elements of the tort of negligence and defences in different business situations.|
|4.2||Apply the elements of vicarious liability in given business environment.|
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Student signature: Date:
|Unit number and title||Unit 5:
Level 4: Aspects of Contract and Negligence in Business
|Qualification||BTEC Level 5 HND Business Studies|
|Start date||26th September 2014|
|Deadline/hand-in||15th November 2014 before 12.00 midday|
|Assignment title||Aspects of Contract & Negligence in Business – Resit
|Purpose of this assignment
The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it.Aspects Contract Negligence in Business.
Various scenarios are to be found throughout the paper.
Task 1 – This task offers you an opportunity to achieve LO: 1.1, 2.1, 1.2, James advertised a printing press in a specialist trade journal for £50,000. Jenny wrote to James offering to buy it for £40,000. James replied by return of post saying he would accept £45,000. When he heard nothing from Jenny, James wrote again saying he would accept £40,000.
James wrote specifically to Ann offering for sale an office computer for £750. The morning that she received the letter Ann wrote to James agreeing to buy for the asking price, she posted the letter later that day.
After she had posted the letter, but before it was delivered, Ann changed her mind and sent James a fax asking him to ignore the letter when it arrived.
Q.1 What are the essential elements required for the formation of a contract in the UK? Include an explanation of what is meant by ‘an invitation to treat’. (1.1)
Q.2 Discuss the above scenarios in detail in context of various elements of a contract. In other words are the contracts between ‘James and Jenny’, and ‘James and Ann’ valid? (2.1)
Q.3 Identify and explain the main types of contracts that may be entered into in the UK by individuals and businesses. (1.2)
Completion date : 3rd October 2014 Read more about : HND Hospitality Management Assignment
Task 2 – This task offers you an opportunity to achieve LO: 2.2, 1.3, 2.3, Andy TV Ltd sent out flyers to various local businesses offering them a ‘Special Offer 56 inch TV’s available for £350 each’. The flyer also included the following, ‘The seller will not be held responsible for the quality of the products once they are sold’.
ABC Café contacted Andy TV Ltd on 1st March saying ‘We would like to purchase a 56inch TV for £350 as we need it to put in our café so our customers can follow the sports’. Andy TV Ltd wrote back saying that the TV would be delivered in less than 21days. The TV was delivered on the 21st day but the quality of the sound was very poor and was difficult to hear in the café. ABC Café wrote to Andy TV Ltd to say it was unhappy with the TV set and wanted it replaced. Andy TV Ltd said that it was not responsible for the poor quality as it had said in its flyer; ‘The seller will not be held responsible for the quality of the products once they are sold’.
With reference to the basic elements of a contract discuss whether a valid contract exists between Andy TV Ltd and ABC Café. If so, is the exclusion clause valid? Justify your answer and provide case law to support your answer. (2.2)
Explain the differences in the following with reference to relevant case law where applicable:
a) Terms and Representations.
b) Conditions and Warranties, emphasising the different remedies available for a breach. (1.3)
Explain what is meant by ‘implied terms’ as regards to contracts?
a) Use statute and case law to illustrate your answer (2.3)
Completion date : 17th October 2014
Task 3 – This task offers you an opportunity to achieve LO: 4.1, 3.1, 3.2 Albert wishes to rent a flat. He views 116 High Street and applies to be a tenant. He completes a form giving his accountant’s details. The landlord, Brad, applies to the accountant for a reference relating to Albert’s financial situation. The accountant, Charles, confuses Albert with another client and does not bother to check the file properly. He replies to Brad that Albert is an excellent client with high income and capital and recommends him as a good tenant.Aspects Contract Negligence in Business.
In fact, had he looked at the correct file, he would have seen that Albert was continuously in overdraft and had been in serious debt with various banks on and off for several years. Some months later, Albert disappears having taken the flat on and run up several thousand pounds worth of rent arrears.
Michael is the owner of a large quarry and is aware that there is a large underground lake in a cavern under the property. Whilst developing the land, Michael’s workers caused a breach in the cavern wall resulting in water escaping and flooding onto Jim’s adjoining land.
Completion date : 31st October 2014
Task 4 – This task offers you an opportunity to achieve LO: 4.2, 3.3 Scenario 1
Alan, a local milkman, engaged a 13 year old boy to help him deliver milk. This is contrary to express prohibition from his employers, Norfolk Farms. Alan had told the teenager that he was not supposed to hire him but they could keep it between themselves. As a result of Alan’s negligent driving, the boy was injured.
“Star City Cabs” runs a 24 hour network service of taxis in a busy city. It is currently understaffed and most of the drivers are driving two shifts. This is against the business’s health and safety policy. Mr Adler did a night shift for 8 hours, then after driving the night shift and with only a half an hour break, he did a driving shift the next day; during that shift, he hit a car. The driver of the car was badly injured.
|Task 1 (L.O. 1: 1.1, 2.1, 1.2)
Please type your answer here
|Task 2 (LO: 2.2, 1.3, 2.3)
Please type your answer here
|Task 3 (LO: 4.1, 3.1, 3.2)
Please type your answer here
Task 4 (LO: 4.2, 3.3)
Please type your answer here
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