Foto
22Jun

Aspects Contract Negligence in Business

This is a solution of your Aspects Contract Negligence in Business that describes about Developing business

 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
John Owen
Date issued Completion date Submitted on
26th September 2014 15th November 2014 before 12.00 midday
 

Assignment title

Aspects of Contract & Negligence in Business  – Resit
Learning Outcome  

Learning Outcome

Assessment Criteria In this assessment you will have the opportunity to present evidence that shows you are able to: Task no.  

Evidence

(Page 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.

Aspects Contract Negligence in Business

Instructions
·           An electronic copy of your assessment must be fully uploaded by the deadline date and time.

·           You must submit one single PDF or MS Office Word document. Any relevant images or screenshots must be included within the same MS Office Word or PDF document.

·           The last version you upload will be the one that is marked. Your paper will be marked if you have indicated this as your final submission.

·           Review the mitigating circumstances policy for information relating to extensions.

·           The file size must not exceed 20MB.

·           Answer the criteria in order, clearly indicating the pass criteria number.

·           Ensure that all work has been proof-read and checked prior to submission.

·           Ensure that the layout of your documents are in a professional format with font style Arial, font size 12 for the text, font 14 for sub heading and font 16 for main heading, line spacing 1.5 and justified.

·           Use the Harvard referencing system; otherwise it will be considered as plagiarised work.

·           Ensure that you back-up your work regularly and apply version control to your documents.

·           Ensure that any file you upload is virus-free, not corrupted and not protected by a password otherwise it will be treated as a non-submission.

·           You must NOT submit a paper copy or email of this assessment to any member of staff at LSST.

·           Your work must be original with the appropriate referencing

Learner declaration
I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.

Student signature:                                                               Date:

Assignment Brief
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
Assessor John Owen
 
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.

Scenario:

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.

  • Advise Brad as to whether he can recover his losses from Charles. (4.1)
  • Discuss fully how the nature of liability in ‘Contract’ differs from the nature of liability in ‘Tort’? (3.1)

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.

  • Can Jim sue Michael following the decision in Rylands v Fletcher 1868.  Explain your reasoning.
  • If Michael had purposely created the lake, would this affect your answer and why? (4.1)
  • Discuss the development of the concept of ‘duty of care’ and the ‘neighbour principle’ in the Tort of Negligence with particular reference to the case of Donoghue v Stevenson 1932. (3.2)

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.

  • Can Alan be sued for negligence and can Norfolk Farms be held vicariously liable in this situation? (4.2)

Scenario 2

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.

  • Can the driver of the car sue the Star City Cabs for negligence? (4.2)
  • Explain how a business can be held responsible for the ‘wrongs’ committed by its employees, and give an example of when the employer would not be held vicariously liable for the ‘wrongs’ of its employee. (3.3)
  • Completion date : 15th November 2014

Answer Sheet

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

Btech HND Assignment provide assignment writing service based on case study requirements in affordable prices and we are providing most flexible online assignment writing help, so book your Assignment with us,  Order Now

Add Your Review

5 × three =

Rating*