Aspects of Contract and Negligence for

Topics: Contract, Tort, Common law Pages: 17 (5223 words) Published: December 4, 2014


Aspects of Contract and Negligence for Business

Table of Contents
Introduction3
CONTRACT BEGINNINGS3
MAJOR CONTRACT ELEMENTS3
CONTRACT FORMATION5
CONTRACT TERMS AND REMEDIES6
CONTRACT EXEMPTION……………………………………………………………………………………………………………………………………………8 NEGLIGENCE PRINCIPLES………………………………………………………………………………………………………………………………………….9 NEGLIGENCE DEFENCES………………………………………………………………………………………………………………………………………….11 VICARIOUS LIABILITY1

NEGLIGENCE REMEDIES13
EMPLOYER LIABILITY, HEALTH, AND SAFETY…………………………………………………………………………………………………………..14 CONCLUSION15

Introduction
This paper will introduce an overview, analyze and provide good examples of the aspects of contract and then it will observe the same for negligence for business. First it we will observe what it takes to begin a contract, the major contract elements, contract formation, the characteristics of the contract terms and remedies, and contract exemptions. Then, the focus will be on negligence principles – an overview of tort and contracts, negligence defenses, vicarious liability, the remedies for negligence, and finally employer liability, health and safety. All these topics will be supported by different examples and analyses. Contract Beginnings

First of all, there are 3 types of contracts, which are “Face to face”- when it is verbal, “Written”- when someone makes a deal to buy business, and “Distance selling”- for example when someone sells services online. Having a contract is an important because it is enforceable, which basically means that when two parties bind the contract is valid in law, and therefore both parties are to follow their parts of the legal agreement. In contrary, one party could take the other to the court and get the law to enforce it against the other. Major Contract Elements

It is necessary to mention that a legally valid contract is the one that it is binding and enforceable. So let’s review the contract elements of a legal valid contract: Offer and acceptance = Agreement

Intention to create Legal Relations = both sides must have in mind that their agreement will be binding in Law. For a business agreement, there is an intention to create legal relations. Consideration = the bargain, what does one party “gives and gets” from the other? It is not necessary to be with equal value. Capacity = basically, being capable of binding with another party in a legal contract to balance the different interests and produce fair results. Privity of a Contract = essentially meaning “private between two parties”. Third party cannot sue if contract is broken. For example, Mr. Jones went on a holiday and was accommodated by Holiday Inn, but their service was very poor, and his holiday was ruined. Mr. Jones’ family (is the privy to the contract) cannot get any compensation because of that. In order to undertake a legal problem solving, we must review the essential ingredients to answering the issue questions and they are: Identify the important facts in the problem – answer could depend on them; Know and understand the Law, which applies in this situation; Being able to apply the Law to the specific situation;

Draw a conclusion from that process, and provide advice to your client so that he/she could deal with the circumstances. For example, Noel offers a ticket to his friend Liam for a concert for 50 £, and Liam writes a reply letter to Noel explaining that 50 £ is a bit too much at this point but says that he could pay 35 £ at the moment, and at the end of the month he could give Noel the 15£ that are left. Later on Liam changes his mind and writes second letter to Noel, saying that he has decided to buy the ticket even for 50£. However, Noel receives and reads the first letter and decides to sell the ticket to his friend Gary. The final result is that Liam does not get to go to the concert of his favorite musician. So in this situation, the problem is whether Noel...

References: Emmet, David, “Drafting” (17th Ed, 2014), Oxford University, pages 66-67
Dubuis, Anna, Evening Standford, October 2014- “Worker sues John Lewis over head injury”
Legal Information Institute, Open access to Law since 1992, Negligence- http://www.law.cornell.edu/wex/negligence
PopSugar UK, Peaches Geldof wins Libel Damages over Prostitute Claims, Jan 13, 2010-www.popsugar.co.uk
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay on ASPECTS OF CONTRACTS AND NEGLIGENCE IN
  • Essay on Aspect of Contract & Negligence in Business
  • Essay on Aspects of Contracts and Negligence in Business
  • Aspects of Contract and Negligence in Business Essay
  • Essay on Aspects of Contract & Negligence for Business
  • Aspects of Contract and Negligence for Business Essay
  • Aspects of Contract and Negligence for Business Essay
  • Aspects Of Contract Essay

Become a StudyMode Member

Sign Up - It's Free