Spects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business
Case studyindividual . Must be own words. Harvard
There are four tasks regarding the individual written report
Task1 -Question on offer, acceptance and consideration
Task 2 -question on express and implied term (including exclusion clauses)
Task 3Question on duty of care, breach of duty and causation
Task 4 on occupiersa liability and defences
Must be in your own words, all your sources of information
You are legal representative whose legal advice has been sought by a number of fictions clients who have been asked to clarify the relevant legal principles, apply the same, and advise your clients as to the likelihood of bringing a successful claim in the courts.
Required to fulfil the following 4 tasks. Each answer must address the task, and provide analysis and application with reference to relevant case law and statutory provisions .
Task 1 (LO1)
,, Techno productsaa is a small business that specialises in selling computers at discounted prices. Techno products has seen its profits decline and decides to run an advertising campaign it pays for a newspaper advertisement that states; The first ten customers to enter our shop on the 12 September 2013 will be eligible to purchase one of our highest specification computers , which normally retail at A?3000.00 for A? 1.00;
Peters reads the advertisement and waits outside ,, Techno Products a?a shop all night on the 11 September 2013 to ensure that he is one of the first ten customers on the morning of the 12 September 2013.
When Peter tells the sales assistant that he wishes to purchase one of ,, Techno Productsaa highest specification computers for A?1.00he is told that the advertisement was not meant seriously and nobody of a?asound mind would think that they could purchase a computer for A?1.00 . he is informed that if he wishes to purchase the computer he must pay a?amarket rate a?a of A?3000.00
Peter has sought your advice as to whether he can force,, Techno Productsaa to sell him the computer for A?1.00. In giving advice you must focus on the law relating to offer, acceptance and consideration
( in this task required Lo1 Understand the essential element of valid contract in a business context
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.
Also use appropriate examples from relevant case law a scholarly sources
Task 2 (LO2)
Jack wishes to purchase a new mobile telephone. He knows little about mobile telephones and decides to go to a local shop. a?a Telephone Are Usaa, to get some information and possibly purchase a telephone. He finds the sales assistant at a?a Telephone Are Usaa to be very helpful and decides to purchase a telephone on the basis of a 12 month contract. The sales assistant informs him that he must sign a standard form contract. He signs the contract in the shop without reading it.
When Jack later tries to use the

Referencing Requirements:
cASE STUDY . INDIVIDUAL WRITTEN ASIMIGMNET ON ASPECTS OF CONTACT AND NEGLIGENCE FOR BUSINESS. aNALYSE ADJUST AND EFFECTIVELLY APLIED EACH TASK. ALSO CONCLUCIONS

Spects of Contract and Negligence for Business

Should be relevant the case study. apply analyse evaluate.
Task 1 (LO1) Analyse Terms in Contracts with Reference to their meaning and effect
a?Techno Productsa? is small business that specialises is selling computers at discounted prices.
a?Techno Productsa? has seen its profits decline and decides to run an advertising campaign to attract new customers, As part of this campaign it pays for a newspaper advertisement that states: a? The first ten customers to enter our shop on the 12 September 2013 will be eligible to purchase one of our highest specification computers which normally
Retail at A?3000.00, for A?1.00.
Peter reads the advertisement and waits outside a?Techno Productsa? shop all night on the 11 September 2013 to ensure that he is one of the first ten customers on the morning of the 12 September 2013. He is in fact the first customer to enter the shop on the morning on the 12 September 2013
When Peter tells the sales assistant that he wishes to purchase one of a?Techno productsa? highest specification computers for A?1.00 he is told that the advertisement was not meant seriously and nobody of a?sound mind would think that they could purchase a computer for 1 A?. He is informed that if he wishes to purchase the computer he must pay the a?market ratea? of A?3000.00.

Task 2 (LO2) Question on express and implied terms (including exclusion clauses) 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
Jack wishes to purchase a new mobile telephone. He knows little about mobile telephones and decides to go to local shop, a?Telephones Are Usa?, to get some information and possibly purchase a telephone.
He finds the sales assistant at a?Telephones Are Usa? to be very helpful and decides to purchase a telephone on basis of a 12 month contract. The sales assistant informs him that he must sigh a standard form contract. He signs the contract in the shop without reading it.
When Jack later tries to use the telephone he finds that it does not work. He takes the telephone back to a?Telephones Are USa? and asks for a replacement but informed that he is liable to pay for the cost of repairing the telephone and even if he chooses not to have the telephone repaired he is bound for the 12 month periodof the contract that he signed. The sale assistant points out clause xiii of the contract that he signed, which states:
a?Telephones Are US accepts no liability for the replacement or repair of faulty products. In all circumstances the customer must be bear the cost of either replacing or repairing and faulty products and is bound by the terms of this contract for its full durationa?.
Jack has sought your advise as to whether he can force a?Telephones Are Usa? to replace/repair the telephone and whether he is bound by the 12 month contract. In giving advice you must focus on the relevant statutory provisions protecting consumers who purchase goods from businesses.

Task 3 (LO3) 3.1 Contract Liability in Tort with Contr

Referencing Requirements:
Must be relevant the case study. Apply, Analyse Evaluate.

Spects of Contract and Negligence for Business

Read the Assignment Brief Scenario, also please typed up the questions when you answering it so it can be easy for the teacher to read.

Task 1:AC1.1 Explain the importance of the essential elements required for the formation of a valid contract for Tesco ,,AC1.2 Discuss the impact of different types of contract for an organization such as
Tesco,, AC1.3 Analyse terms in a contract that can be used by Tesco with reference to their meaning and effect,,AC2.1 Apply the elements of contract for Tesco,,, AC2.2 Apply the law on terms in the Tesco contracts. In previous question (2.1),,, AC2.3 Evaluate the effect of different terms in Tescoi??s contracts.,,,Task 2:AC3.1 Contrast liability in tort with contractual liability.
You need to explain: (A) what is i??Tort Liabilityi??? (B) What is i??Contractual Liabilityi??? (C) What
does it mean to i??Contrast liability in torti???
AC3.2 Explain the nature of liability in negligence.
In fact, you should discuss: (A) what does i??Liabilityi?? mean from legal perspective? (B) What
is the meaning of i??Negligencei??? (C) What is i??Liability in negligencei??? You can support
your argument by citing from valid academic sources.
AC3.3 Explain how a business like Tesco can be vicariously liable.
You are expected to explain about i??vicarious liabilityi??.,,, Task 3:,,,, Familiarity with legal terms is necessary but in addition to this, it is important for Tesco to
realise your ability to apply these principles of liability in negligence in business situations.
The last task (Task 3) focuses on application of liability in negligence in business situations.
So Tesco expects you to:
AC4.1 Apply the elements of the tort of negligence and defences in Tescoi??s contract.
In the Task 1 (question 1.1) you prepared a short contract for Tesco. In this question,
you should add a new section to this contract and write about (A) breach of duty; (B)
damage to property; and (C) contributory negligence.
AC4.2 Apply the elements of i??Vicarious Liabilityi?? in Tescoi??s contract.
The same as previous question (4.1) you need to add some explanations in Tescoi??s contract
about Tescoi??s responsibility/liability if one of Tescoi??s staff during his work, injures one of
the staff of the company that produce and sell shampoo to Tesco…

Added on 10.03.2015 11:33
AT TASK 1 ,, OFFER included definition of the offer,, and Acceptance is unclear please explain further…and Invitation to treat what you done all wrong,,,please type how is invitation to treat different from the offer?,,,,, invitation to treat see cases like portirdge..V.. criffenden
or fisher..v…bell ……..AC1.2 please discuses written verb-oil online with example of unilateral offer… such as business to business or business to consumer …..Task 2,,,,, 2.1 is all wrong please see the assignment question also at the contract agreement please fill in the gaps such as the seller, the buyer, the goods, names, and description,,,task 2 ,, contract terms and conditions..,,,you should be more specific and have the actual price as a term….. you also have to base the term on the scenario… however at the Contract Termination….,,,, the contact is not very clear please read the question …at the back of the page the number 1, and 2 which is left blink you have to include these as terms in a contract thank you

Spects of contract and negligence for business

1)Introduction
Task 1
LO1 understand the essential elements of a valid contract in a business context
1.1 Explain the importance of the essential elements required for the formation ofa 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
Task 2
LO2 Be able to apply the elements of a contract in business situations
2.1 apply the elements of contract in giwen business scenarios
2.2 aplly the law on terms in different contracts
2.3 evaluate the effect of different terms in given contracts
Identify and apply strategies to find appropriate solutions
Task 3
LO3 understand principles of liability in negligence in businesses activities
3.1 contrast liability in with contractual lkiability
3.2 explain the nature of liability in negligence
3.3 explain how a business canbe vicariously liable
Task 4
LO4 Be able to apply principles of liability in in negligence in business situations
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 situations
2 )conclusion
Task 1
Scenario: You are working as a legal assistant for one of senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a reportfor each one. Your reports will require you to consider each set circumstances and to express youron your knowiedge of UK law.
Case study1-Task 1
Jess advertised a second hand van for sale on a cartrade website for A?2650.00. r Powell Views the advestisementand call Jess to express his wish to buy the van after 3 days. Jess says that she would sellthe vanif any othercustomer wishes to buy the vehicle before Mr Powell arrived. From this Mr Powell Agreed to pay A?450 poundsin advance if Jess promises she would not sell the next 3days. Jess agrees to this .LO1.1, LO1.2 , LO1.3 indentify and apply strategies to explain analyse and make effective Judgments about elements of contract.
Case study2
Baryy goes into a park which managed by his local council. He sees a notice which states that chairs are forhire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later,the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to clause on the ticket which states a?a No liability is accepted for any damage or injury caused by the failure of any hired equipm entaa.LO 2.1, LO2.2, LO2.3 a elements of contract , apply the law on terms in different contracts and evaluate the effect of different terms.
Task 3
Scenario: You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and prepare a report for each one. Your reports will reqire you to consider each set of cicumstaces and to express your recommendations, based on your knowledge of UK law.
Case study1-Task 3

Adam advertises a reward of A?1,000 for the first person to paddle across the English Channel in a bath, from Dover to Calais. Brian sees the advertisement in the news paper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in minchannel, Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brain continues his voyage and duly arrives in Calais.Brian then claims the reward. Adam refuses to pay.LO3.1, LO3.2, LO3.3 Explain the nature of liability in negligence and explain how a business can be vicariously liable.
Task 4
Scenario:You are working as alegal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will reqire you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.
Case study1-Task 4
One night Marc decides to check in at the Poshplace Hotel, wich is owned by Ben .Later that night , Markis in room when a masked man enters and threatens to Harm him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil , the hotel gardener, who had Stolen a master key to the hotel room.
Meantime , downstairs in the kitchen, Roger, the dishwasher, complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan.
Meantime, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on the pool door readsaa Pool closed between 7.00pm to7.00am. No entry to visitors during these hoursaa; a?adangerous when unattendedaa. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact ,the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks.LO4.1, LO4.2
1)Neil does not owe Roger a not-delegable duty of care as an employer to provide a safe working environment.
2) Roger can bring a claim in vicarious liability against Neil for Colins actions.
3) The Poshplace Hotel is liable to Mark under the Occupiersa Liability Act 1957.
4) ) The Poshplace Hotel is not liable to Mark under the Occupiersa LiabilityAct1984 because of its warning notice.
5) Mark can use ordinary negligence principles in his claim against Poshplace.
6) Under the Occupiersa LiabilityAck, Mark will not be able to claim for the cost of his designer swimming trunks.
7) Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his Jewellery.
Evaluate the accuracy of each of the seven statements individually, as they apply to the facts in the above scenario. Apply the elements of the tort of of negligence and defences and apply the elements of vicarious liability in these situations.

Spects of contract and negligence for business

am gonna attach assignment in a minute

Added on 06.03.2015 20:31
hi there, this is my task 1 for my assignment, am gonna attach my task 2 in a minute in message for you, because i do not know how to attach two files here. please write 1000 word in each task. if you think its too much number of sources just for two tasks please feel free with less number of sources.
best regards

Added on 06.03.2015 20:32
this is my task 2 for assignment. please do task 1 and task 2, for 1000 word each.
beast regards

Spects of contract and negligence for business

INSTRUCTIONS: Answer all tasks using the approach indicated below
i?¶ First, analyse the facts of the case study, identifying the key legal issues/principles involved.
i?¶ Second, state the main legal problem (s) to be resolved in the case study.
i?¶ Briefly explain the law relating to the legal issues/principle(s) you have identified above with reference to relevant case law, statute and any other sources of the English Law to support your argument.
i?¶ Finally, apply the law relating to the principle(s) to resolve the problem(s) in the case study.
PART A: CONTRACT LAW (LO1 &LO2)
Task 1: Identify the essential legal elements for the formation of a valid contract in this case and explain their importance (AC 1.1)
Task 2: Discuss the impacts of the following types of contracts. Your discussion should include their legal effects using examples of relevant case law and /or statute of the English Legal System where applicable (AC1.2)
i) Bilateral and Unilateral contracts ii) Express and Implied contracts iii) Void and Voidable contracts
iv) Distance selling contracts

Task 3: Case StudyEast Midlands Airways Airbus
On the 15th October 2010, East Midlands Airways (EMA) advertised a secondhand Airbus 321 for sale in an aviation industry trade journal for A?10.4m. Later that same day, Phil, the Chief Executive Officer of Zulu Aviation Ltd, phones EMAas Managing Director, Joseph. Phil says his firm would very much like to view the Airbus 321 but that he is off on a five-day business trip to New York, United States of America and will not be able to view the aircraft until he returns. Joseph says that if another buyer comes forward he will have to sell the Airbus 321 to that buyer. Phil then says he will pay A?100,000 if EMA promises not to sell the Airbus to another buyer for the next five days. Joseph agrees to this.

Task: Analyse the terms of the contract and assess whether the parties in the case have made any contract by applying each of the essential legal elements for a valid contract. Your analysis should briefly include an explanation of these essential legal elements for the formation of a valid contract in this case (AC: 1.1 & 2.1).
To achieve M1 learner must explore each of the legal essential elements of valid contract in analysing the complex transaction in the case using effective legal judgement and conclusion.
To achieve D1 learner must use established legal point of law to validate argument and conclusions are arrived at through critical analysis and justification of the legal argument.

Task 4: Supply of Mobile Phone
Key Services Enterprise (KSE) Ltd contracts with Unique Mobile Solutions (UMS) Ltd for the purchase of 500 mobile telephones immediately suitable for use in the UK. Assume that this term is innominate. If the mobile are supplied under the following circumstances.
i) Use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal.
ii) The telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. iii) The CEO of KSE Ltd, Augustine, signed a written hire contract with Unique Mobile Solutions Ltd containing only the above terms without reference to any other document. A receipt was later issued to Augustine for the payment of two thirds of the total cost of the transaction that he accepted without reading. On the back of the receipt were printed Unique Mobile Solutions Ltd usual business terms including the following statement: a?Unique Mobile Solutions Ltd is not liable for any financial losses or other losses however caused, occasioned by using hardware or software products supplied by the companya. This was the first transaction between the two companies. The mobile software didnat operate correctly because of negligent design and manufacture by the company and as a result KSE lost over fifty percent of its market share to its competitors
Task 4a: Analyse how the court will classify these types of contractual terms, under each circumstance in i) and ii) above with reference to their meaning and effects. Explain how you arrive at each conclusion by evaluating the effects of the different terms and citing the relevant case law or statutes (1.3,2.2,2.3)
To achieve M2, learner must apply the relevant legal principles and use a range of relevant case law and/or statutes to support the argument.
Task 4b: Analyse the exclusion clause as a term in iii) above and advise Unique Mobile Solutions whether this exclusion clause was a?incorporateda into the contract with Key Services Enterprise. Your explanation should evaluate the effect of this term in the contract by clearly identifying and applying the legal controls that court would use in assessing the validity of the term in the contract (1.3, 2.2 & 2.3).
To achieve M2, learner must Learner clearly justified the choice of case law /statutes in a given argument.-

Spects of contract and negligence for business

Learning outcomes and assessment criteria covered in this assignment:

Learning outcome Assessment criteria for a pass The learner can:
LO1 Understand the essential elements of a valid contract in a business context 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 contract
LO2 Be able to apply the elements of a contract in business situations 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

GRADING CRITERIA: Pass

Learning outcome Possible evidence Feedback
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 a contract a? Outline the importance of the rules of offer and acceptance; intention; consideration capacity; privity of contract in a valid contract
a? Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement and the problems that might occur under Privity of Contract
a? Examine the different types of business agreement and analyse the law on standard form contracts
a? Analyse specific contract terms with reference to their importance and impact if these terms are broken
2.1 Apply the elements of contract in given business scenarios

2.2 Apply the law on terms in different contracts

2.3 Evaluate effect of different terms in given contracts a? Apply the rules of offer and acceptance; intention and consideration of the parties to the agreement outlined in the scenario
a? Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement and the problems that might occur under Privity of Contract
a? Advise business on the law on terms and their effect in different contracts using relevant case law examples and discuss the effect of exemption clauses in attempting to exclude contractual liability

GRADING CRITERIA: Merit

Grade descriptors Possible evidence Feedback
M1 identify and apply strategies to find appropriate solutions

M2 select/design and apply appropriate methods/techniques

M3 present and communicate appropriate findings
An effective approach to study and research has been applied as evidenced by the completion of the assignment on time.

Effective judgements have been made on explaining the elements of a contract in business situations.

A range of sources and information is used to apply the elements of a contract in a business situation.

The candidate has presented and communicated their findings in a coherent and logical manner by applying the relevant theoretical concepts to their research.

The findings are presented as a professional report and reflect the requirements stated in the case study.

GRADING CRITERIA: Distinction

Possible evidence Grade descriptors Feedback

D1 u

Spects of contract and negligence for business

TASK 1: Elements of a contract Answer the following questions:
. a) Identify and explain the four elements of a valid contract, that is offer, acceptance, consideration and intention, make sure that you explain fully each of the four elements. Explain the importance of these four elements. AC 1.1
. b) Discuss the different types of contract that can be entered into in the UK, namely verbal, written, on-line, and contracts by deed. Discuss the impact of different types of contract. AC 1.2.
. c) Analyse terms and conditions in contracts with reference to their meaning and effect. AC 1.3.
Task 2
Apply the elements of contract in the given situations given below:
a) The Contractor has not trained the workers on the site in operating the heavy Equipment and there is evidence of the workers not using the equipment due to the lack of training
b) The small Grocery shop in London has been noticed selling expired products to
customers at 50% discount
Task 3
The contract awarded and signed by the Owner and the Contractor has this
This covers AC 2.1.
performance time clause and the penalty clause for non-Performance as given below: a? TIME OF PERFORMANCE
The services of the Contractor are to commence on 21st October 2011 and shall be

completed by 20th October 2012. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of $175 (one hundred and seventy five dollars) for each day the work is not substantially completed after 1st November_2015 unless an extension is granted by the Owner.

Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. a?
The contractor has completed just 85% of the work as certified by the Works Manager and due to this RTA has not been able to complete the Metro station work at Jebel Ali terminal.
a) Discuss the application of this term of the contract and evaluate the other impacts to the parties and third parties the people of Dubai.
This covers AC 2.2.
Unit Title: Aspects of Contract and Negligence for Business

Task 4
When ABC entered into a contract with London Supplies it agreed to purchase 30 cars a?provided that they would be immediately roadworthy in the UKa. Assume this is an innominate term. How do you think the following would be interpreted by the courts? Justify your answer.
1. The cars supplied were illegal in the UK and no amount of modifications could make them legal.
2. The engines of the cars supplied needed adjustments in order to conform to EU environmental laws, this adjustment would take less than 5 minutes per car.
3. The engines of the cars supplied needed adjustments in order to conform to EU a?environmental laws, this adjustment would take at least 3 months per car. a?This covers AC 2.3.
Task 5
E x p l a i n t h e ma i n d i f f e r e n c e s i n t h e i n d i v i d u a l a s o r a b u s i n e s s a s l i a b i l i t y a s a consequence of negligence with that of the liability incurred as a result of entering into a contract.a?Contrast liability in negligence with liability in a contract. For example, is the liability entered into voluntary or is it imposed.
This covers AC 3.1.
Task 6
Explain the importance of a?Donoghue v Stevenson 1932a in the development of the concept of a?duty of carea. Include an explanation of the a?neighbour principlea. Explain the rationale behind the decision reached in Donoghue v Stevenson 1932
This covers AC 3.2.
Task 7
Peter Mathews was an engineer for Top Tooling Plc with a van which was for work use only. His job was to respond to call outs from Sideline (automation) Ltd who had offices in Manchester, Leeds, Rotherham, Sheffield and Nottingham when they had problems with their machinery. On Wednesday the 2nd January 2013 he was called to the Manchester facility as they had a fault with the production machinery. He managed to fit the fault in less than an hour. While he was fixing the machine the climate control system provided by Frozone Plc failed, this meant that the company stood to lose approximately A?100,000 in chemicals that had to be kept at a regulated temperature. Pardeep Singh, the production manager called the maintenance number for the climate control unit, Frozone informed him that they could not get there for 24 hours and that this was in line with their service agreement. Not wanting to lose A?100,000 of stock, Pardeep asked Peter if he would have a look at the unit. Peter called his boss, Jenny, who said that it was fine. Peter fixed the unit. To say thank you for the extra work, Pardeep invited Peter to the Liverpool FC home game that evening in their corporate box. Peter accepted. On the way driving back from the game Peter was involved in an
Unit Title: Aspects of Contract and Negligence for Business

accident where his van struck a pedestrian. Peter got out of the car and rang an ambulance immediately. No sooner had the ambulance left and his phone went again. It was Pardeep. a?What did you do to my climate control unita, he shouted. a?It has just froze all of our stock and the maintenance company wonat go near it as they claim you invalidated the warrantya. a?You will pay for thisa, said Pardeep as he hang up.
Explain how companies can be vicariously liable and advise the pedestrian, Sideline (automation) Ltd and Frozone if they have a claim against Top Tooling Plc for Vicarious Liability.
This covers AC 3.2.
Task 8
Consider two cases where the claimant was a trespasser.a?a) A young man, Smith, was staying in a holiday park. He climbed over a fence into a wooded area and fell down a 20metre gully, sustaining serious injuries. There had been no previous accidents of this nature and holiday park owners had no reason to suspect the fence was inadequate. Did Smith have a claim against the owners of the holiday park?
b) A trespasser, Allen, went swimming in a harbour late one evening in midwinter, and was injured by an underwater obstacle. The council knew of the obstruction, and may have known that Allen was in the habit of swimming in the harbour during the summer. Did the council owe a duty of care to Allen?
Use case law to support your answer. Explain who has legal responsibility in the two situations above, use case law to justify each answer.
This covers AC 4.1.
Task 9
a) Bill, a local milkman, contrary to express prohibition from his employers XYZ Dairies, engaged a 14 year old boy to help him deliver milk. Bill had told the teenager that he was not supposed to hire him but they could keep it between themselves and that he (the teenager) worked directly for Bill. XYZ Dairies become aware of this arrangement but had not done anything about it. As a result of Billas careless driving, the boy was injured.
Can Bill be sued for negligence, and can XYZ Dairies be held vicariously liable in this situation? Justify your answer.
b) A vintage vehicles museum owner asked a friend to drive a vintage bus to Barnstable in Devon where the museum owner was going to take part in a vintage bus rally. The friend drove negligently and damaged Mrs Smithas car.a?As the friend was not employed at the Vintage Vehicles Museum can the owner of the museum be held liable? Justify your answer.
This covers AC 4.2.

Spects of contract and negligence for business

TASK 1: Elements of a contract

CASE STUDY

PRIMARK Direct supplies Auto parts and paints to retailers and required new check-out systems and software for faster check-out to its customers as well as improved stock management of its wares. This was to improve service delivery to its cherished customers.

PRIMARK Direct issued a tender and a number of well-known Information Technology (IT) companies pounced on the tender to provide these computers. After evaluating several key suppliers, PRESEC Pacesetters appeared to offer the best solution. PRIMARK Direct then continued a series of detailed discussions with PRESEC PACESETTERS.

PRESEC Pacesetters supplied a number of quotations, its final one (quotation NUMBER 222) included a full description of the project, standard terms and conditions, timescales, pricing and payment schedules:

PRIMARK Direct replied with the following:

We are generally happy with your final quotation NUMBER 222 subject to a few
Conditions:

1. The total price of A?1.3m and the payment schedule are agreed.
2. This is subject to a formal contract being agreed in the near future.
3. The contract is not effective until both parties have signed the formal contract.
4. We agree to reimburse all legitimate expenses if a formal contract cannot be agreed.

In response, PRESEC Pacesetters sent an email confirming acceptance of the main contents of the letter but the email also said:

aShould a formal contract not be agreed, we reserve the right to claim not only our legitimate expenses but also to claim a reasonable amount of the profit we would have made had the contract been finalised.a

Work commenced and a draft final contract was prepared by PRIMARK Direct but never signed. Both parties continued to work on the contract and PRIMARK Direct made the early stage payments.

Software Sub-contract

PRESEC Pacesetters operated as the main contractor but needed to sub-contract some of the software work to Jango Solutions Ltd. Jango Solutions had been recommended by PRIMARK because it had previously worked on PRIMARKas software systems and usually worked to a high standard. There were few issues to date with the software that Jango Solutions Ltd had previously installed.

From the outset, Jango Solutions Ltd had trouble making the new software compatible with the old software. The new software was creating problems for the existing systems. Jango Solutions constantly needed to review and update the new software. The compatibility problem between the old and the new software inevitably led to delays to the whole project.

Once the software had been installed, it continued to suffer from major problems. Some of these problems led to the system crashing and some loss of data. PRIMARK Direct finally lost faith with the software and decided to engage another contractor (MANET) to solve the software issues.

MANET managed to retrieve the lost data and ensure the compatibility of the software.

The contract between PRESEC Pacesetters and Jango Solutions Ltd contained the following clause:
aNo other party other than PRESEC Pacesetters and Jango Solutions Ltd has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.a

PRIMARK, having paid a considerable sum of money to fix the software faults is keen to recover the money. It is not sure whether to claim from PRESEC Pacesetters as the main contractor or Jango Solutions Ltd as the sub-contractor.

As part of the dispute with PRESEC Pacesetters, PRIMARK is refusing to pay for some of the computers supplied by PRESEC Pacesetters. The current situation of equipment recently purchased from PRESEC Pacesetters are as follows:

1. Five servers purchased have been paid for.
2. 18 computers purchased have been paid for.
3. 40 computers purchased have not been paid for.


PRIMARK Direct insists on keeping hold of all the above until it is fully compensated. PRESEC Pacesetters claims that it is entitled to recover the five servers and all 58 computers.

QUESTION 1 (approx 600 words)

Using appropriate case law identify whether all the essential elements of a contract are in place between PRIMARK Direct and PRESEC Pacesetters and explain the importance of such elements.

(This provides evidence for outcome 1 a assessment criteria 1.1 and for outcome 2 a assessment criteria 2.1)





QUESTION 2 (approx 400 words)

Explain and analyse the impact of standard form business contracts and advise on the importance of express terms, implied terms and exclusion clauses in line with the PRIMARK Scenario.

(This provides evidence for outcome 1 a assessment criteria 1.3 and for outcome 2 a assessment criteria 2.2)





QUESTION 3 (approx 200 words)

Discuss the impact of different forms of contract and their relative legality.

(This provides evidence for outcome 1 a assessment criteria 1.2)



QUESTION 4 (approx 400 words)

Explain, analyse and evaluate conditions, warranty and innominate terms in contracts with reference to their meaning and effect including availability of remedies in case of breach of such terms.

(This provides evidence for outcome 1 a assessment criteria 1.3 and for outcome 2 a assessment criteria 2.2 & 2.3)


TASK 2: Liability and Negligence

QUESTION 1 (approx 300 words)

You have been invited by the chamber of commerce to deliver a workshop to 12 small business owners to explain how their liability differs under tort and contract.

Create an information leaflet for the delegates to take away with them that identifies the key areas of liability under tort liability under contract and the differences between the two.

(This provides evidence for outcome 3 a assessment criteria 3.1)

QUESTION 2 (approx 700 words)

TROUBLE AT WORK

George Fowler works for Barratt Homes Ltd and has been there for three years. Tony Smith is the site foreman and is responsible for the construction site in which George and 7 other colleagues work. For many weeks George has been subject to bullying from Roger Fyn, one of his co-workers. Tony Smith is aware that the bullying is taking place but does not take any action against Roger. One lunchtime George Fowler drank some paint thinner in an attempt to kill himself. Nigel Fisher found George Fowler and suffered a mild heart attack at the sight of George with blood coming from his mouth and nose. Tony Smith immediately rings for an ambulance. After a total of 45 minutes the ambulance arrived from a neighboring town due to the demand, the normal response time would be ten to fifteen minutes. By the time the ambulance gets there George Fowler is dead. Nigel Fisher was treated on site then rushed to hospital and made a full recovery. It was determined by the coroner that if the ambulance had of arrived after 20 minutes, as per the guided response time, George Fowler would have had a 50/50 chance of survival. Nigel Fisher is now on heart medication and suffers from depression.

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.

(This provides evidence for outcome 3 a assessment criteria 3.2 and for outcome 4a assessment criteria 4.1)







QUESTION 3 (approx 700 words)

A ROAD TOO FAR

Ben Peters was an engineer for Top Tooling Plc with a van which was for work use only. His job was to respond to call outs from Sideline (automation) Ltd who had offices in Manchester, Leeds, Rotherham, Sheffield and Nottingham when they had problems with their machinery. On Wednesday the 2nd January 2013 he was called to the Manchester facility as they had a fault with the production machinery. He managed to fit the fault in less than an hour. While he was fixing the machine the climate control system provided by Frozone Plc failed, this meant that the company stood to lose approximately A?100,000 in chemicals that had to be kept at a regulated temperature. Pardeep Singh, the production manager called the maintenance number

Spects of contract and negligence for business

The writer must: Analyse terms in contracts with reference to their meaning and effect (P 1.3), Apply the elements of vicarious liability in given business situations (P 4.2).

250 Word each Point. Also the feedback given is as follows: The candidate has not fully identified and explained the legal issues in all the AC. ACs 1.3 and 4.2 have not been correctly analysed and answered. Also, the case studies 1, 2, 3, and 4 have not been explained correctly and well with reference to cases and legal principles. The candidate has not answered the legal principles by citing cases. Candidate is required to cite English cases and legal principles to support the case studies.

In order to pass, candidate is required to answer the question and the cases studies with knowledge of law and legal principles and support with cases. There are no English cases to support the answer e.g. Carlill v Carbolic, Smoke Ball Co and Fisher v Bell and Donoghue v Stevenson.
Further, references are insufficient.

There is no evidence of analysis of case study 3 in the answer.

Therefore MAKE SURE CASE STUDY IS USED IN ANSWERS!

Spects of contract and negligence for business

This order is a revision of a task completed by different writer earlier.
Please check all the files and messageboard.

1. 707079_law_brief_1.docx is the initial instructions file
2. 707079_law.docx is the file completed by the first writer
3. 4281946_law_1_-_feedback_with_vle_report_-_emir.pdf is the feedback according to which you need to revise the paper

Thank you!

Spects of contract and negligence for business

You are a legal representative whose legal advice has been sought by a number of (fictitious) clients who have been affected by the activities of various (fictitious) businesses. In each case you have been asked to clarify the relevant legal principles, apply the same, and advise your clients as to the likelihood of bringing a successful claim in the courts.
Task 1
ARBOS is a departmental store which specialises in selling household goods. Its products are known to be of good value and hence from time to time, the store runs out of stock due to the fact that the demand for its goods sometimes surpasses the stocks available. Ben who had been planning to replace his TV set walked into one of their stores and was quite pleased to see the particular mark and model which he was interested in. What was even more pleasing for Ben was the price and note on the TV set which read, a?Special Offer A?100 Onlya .
When Ben approached the counter to make payments and collect the TV set, he was informed by the Sales Assistant that the TV set in question was for display purposes only and that the departmental store had ran out of stock of those particular brand. He was told that new stocks will only be available in January. Ben was particularly disappointed because he was looking forward to replacing his TV set in time for the end of year holidays and was sure that from what he had learnt in his law classes, the Store had made and offer and he had accepted hence ARBOS was in breach of contract. Ben is seeking your advice as to whether he would have a successful case against the store in case he decides to bring a case against them to force them to sell him the one on display.
In giving your advice, you should analyse the essential elements necessary for the formation of a contract.
Will be 3 more tasks, but they not fit, Ill send you an additional paper with whole tasks.

Referencing Requirements:
Ill send an additional paper with references