Mr Sheikh Majid Aleem

Topics: Contract, Common law, Tort Pages: 5 (1339 words) Published: June 23, 2012
Unit 5
Aspects of contract and Negligence
Tutor: Mr. Norman mugarura
Aspects of contract and Negligence Page 1 of 6

The aim of this unit has been to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. The assessment tests the learner on their understanding of the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners have been taught the content of agreements and how to 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.

You are required to produce a report in two parts revealing conceptual understanding of aspects of contracts and negligence and demonstrate an understanding of their applications in practical business situations.

Unit 5 Aspects of contract and Negligence Page 2 of 6
This assignment consists of two parties: contract and negligence: Task 1: L01 and L02): Examine the differing approaches to the issues underlying the law of contract
1.1- Alice wrote to Bill offering to sell him 1000 computers at £50.00 each in utopia Limited. The computers are to be paid outright cash, if Bill is interested in buying them but to be packaged and delivered at Bill’s premises by Alice. With the aid of case law, discuss the meaning of an offer in business contracts. In her letter which arrived on Tuesday, Alice asked Bill to let him know, if he would accept the offer by Saturday.(M1) 1.2-On Thursday, Bill posted a reply letter accepting the offer. On Friday, Bill changed his mind and telephoned Alice. Alice was not at her desk but her telephone answering machine recorded Bills message stating that he wished to withdraw his acceptance 1.3- On Monday Alice opened Bills Letter, which arrived that morning and then played back the message. D1

2.1 Assuming there was a Contract between Alice and Bill, discuss the terms and conditions of Alice and bills Contract, if there was.(M2)
2.2 What sorts of things must Bill and Alice pay particular attention to in this Contract and why?
2.3 If Bill Pays asking the asking price of the contract and they are not delivered, what would its effect on the contract. (D2)
Task 2 (L03 and L04)
Task 2: Discuss the law of negligence and its application to businesses 2.1 Alice and Jill went to a café near their home in Liverpool for a drink. Alice decided to buy drinks for both of them. (M3)

2.2 Jill has drunk a bottle ginger beer bought for her by Alice. On drinking it, she vomits because there is certain nauseating substance in it which made her stomach upset. Jill now wants to sue the café. Discuss the possibility of her success in suing the cafe. 2.3 Was the café liable for the substances in Jill’s drink? How would you advise the parties i.e. Jill, Alice and the Cafe?

2.3 It has transpired that the substance in Jill’s drink was intention put by Jane (a waiter) who served the drinks to the Alive and Jill. Can Jill sue Jane instead of the Café and Why? 2.4 Assuming the substance in Jill’s drink dropped in because the couple were charting and they left the drinks open for some time. Would the café still be liable left the drinks open and the substance dropped in as she was charting with Alice?

2.5 What are defenses to the Café and remedies available to the café? (D3) Demonstrating a clear understanding of the Learning...
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