Aspects of Contract and Negligence in Business
University of Central Milton Keynes
Unit 5 :- Aspects of Contract and Negligence for business
Be able to apply the elements of a contract in business situations
John Messenger
Transitionscoachingservices.co.uk
Amandeep Singh
Date:-30/11/12
Table of content :- * Apply the elements of contract in given business scenario . * Application of relevant principles and case law to business scenario. * Apply the law on terms in different contracts . * Contents of standard form business contracts . * Analysis of express terms . * Implied terms . * Exclusion clauses in a given contract . * Evaluate the effects of different terms in given contracts . * Breach of condition . * Warranty and innominate terms . * Legality of exemption clauses . * Outline of Remedies damage . Our whole economy is based on the freedom of individuals to contract and a system of laws that enforces contracts freely entered into. But a lot of people may not be aware of what are the essential elements required to make an enforceable contract . Recently I was asked if a contract not in writing is binding . We are so accustomed to seeing contracts in writing that many people assume that a contract must be in writing (and lengthy) before it is enforceable . To form a contract , there are no particular words that must be used by the parties . However , there must be an offer by one side and an acceptance of the offer by the person to whom the offer was made . Without both an offer and an acceptance , there can be no consensus ad idem or a meeting of the minds which is essential to form a contract. No conditions can be attached to the acceptance and the terms of the offer cannot be changed. If conditions are attached or terms are changed, the parties are merely negotiating
Unit 5 :- Aspects of Contract and Negligence for business
Be able to apply the elements of a contract in business situations
John Messenger
Transitionscoachingservices.co.uk
Amandeep Singh
Date:-30/11/12
Table of content :- * Apply the elements of contract in given business scenario . * Application of relevant principles and case law to business scenario. * Apply the law on terms in different contracts . * Contents of standard form business contracts . * Analysis of express terms . * Implied terms . * Exclusion clauses in a given contract . * Evaluate the effects of different terms in given contracts . * Breach of condition . * Warranty and innominate terms . * Legality of exemption clauses . * Outline of Remedies damage . Our whole economy is based on the freedom of individuals to contract and a system of laws that enforces contracts freely entered into. But a lot of people may not be aware of what are the essential elements required to make an enforceable contract . Recently I was asked if a contract not in writing is binding . We are so accustomed to seeing contracts in writing that many people assume that a contract must be in writing (and lengthy) before it is enforceable . To form a contract , there are no particular words that must be used by the parties . However , there must be an offer by one side and an acceptance of the offer by the person to whom the offer was made . Without both an offer and an acceptance , there can be no consensus ad idem or a meeting of the minds which is essential to form a contract. No conditions can be attached to the acceptance and the terms of the offer cannot be changed. If conditions are attached or terms are changed, the parties are merely negotiating