Contracts in business Aspects of Negligence
LO3 ( Report) Present and communicate appropriate findings.
Report structure used with clear headings and subheading
The work should be presented in suitable business format and will use terminology accurately.
LO4 Identified and apply strategies find appropriate solutions.
Effective judgments have been made.
An effective approach to study and research applied.
Use effective judgments and should have used an effective approach to study. A clear concise, well structure arguments applied. LO4 (4.1) (Report)
4.2 Demonstrate creative thinking in application of legislature.
Critically review the applicability of law in given business scenario.
Find out the solution for the business scenario.( Report)
1.1 Explain the importance of the essential elements for the formation of a valid contract.
1.2 Discuss the impact of different types of contract.
1.3 Analyse the terms in a contract with reference to their meaning and effect.
3.1 In this section of your report, you need to contrast liability in tort with contractual liability. For this you need differentiate the liability in torts and contract in a tabular format. Use academic sources for supporting your points.
3.2 Next, explain the nature of liability in negligence. Cite your academic sources. You are encouraged to report examples for amplifying your explanation.
3.3 Now, using examples and supporting text from your academic sources, you are required to explain how a business can be vicariously liable.
BE ABLE TO APPLY THE ELEMENTS OF A CONTRACT IN A BUSINESS SITUATION
Now that you understand the principles of liability in negligence in business activities. You need to apply the elements of the tort of negligence and defences in business situations. You need to give example of business situations and then apply the elements of the tort of negligence and defences in those situations. Include examples from academic sources and use proper referencing.
Mr. Jawed is an executive director of a company. He hired Mr. Owais to conduct and establish his business in United Kingdom and assigned him the responsibility to spread it the European countries. But instead of expanding the business, he has even failed to properly establish it in UK. The reason Owais postulated was in severe and sudden illness, but he didnat inform the company in threes months despite his normal correspondence with the company. Under the circumstances, whether Mr. Owais will be held for negligence in the business or his or his defence shall be entertained by the court . You need to apply the elements of vicarious liability in this situation.
4.1 As a legal advisor in the above stated scenario, explain the nature of liability in negligence and inform the parties in this case of what legal options may be available to them.
4.2 Explain how a business can be vicariously liable and advise Mr. Jawed if they have a claim against Mr Owais for Vicarious liability.