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Aspects of contract and negligence

The contract is agreement enforceable by law between two or more parties, and binds them for performance. The English legal system in divided into two parts criminal law and civil law. The following project is based on civil law as contact and tort are both covered in the civil law (Harpwood, 2009). Provisions of contract law are covered in English contract law, contract Act 1999 UK.

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Aspects of contract and negligence

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  1. Aspects of contract and negligence Get Dissertation Writing from UK Expert Writers

  2. Table of Contents Introduction................................................................................................................................ 1 Lo1 Essential elements of valid contract.........................................................................1 1.1 Essential elements required for valid contract in the given case..............1 1.2 Impact on the contract............................................................................................... 3 1.3 analysis on terms with reference in the contract.............................................4 Lo2 Applicability of the elements of the contract in the given business situation....................................................................................................................................... 4 2.1 Elements of contract in the given situation........................................................4 2.2 Applicability of law on different contracts...........................................................4 2.3 Effect on the given contract..................................................................................... 5 Lo3 Principles of liability in negligence............................................................................6 3.1 Contrast liability in tort with contractual liability............................................. 6 3.2 The nature of liability in negligence......................................................................6 3.3 Liability of business......................................................................................................7 Lo4 Applications of principle of liability in the given situations..............................8 4.1 Elements of Tort and defenses available in different situation...................8 4.2 Applicability on the Vicarious in given situations-............................................9 Get Dissertation Writing from UK Expert Writers

  3. Conclusion................................................................................................................................ 10 REFERENCES............................................................................................................................11 Get Dissertation Writing from UK Expert Writers

  4. Table of figures Figure 1 essential elements of the contract...................................................................2 Get Dissertation Writing from UK Expert Writers

  5. INTRODUCTION The contract is agreement enforceable by law between two or more parties, and binds them for performance. The English legal system in divided into two parts criminal law and civil law. The following project is based on civil law as contact and tort are both covered in the civil law (Harpwood, 2009). Provisions of contract law are covered in English contract law, contract Act 1999 UK. The following project will include analysis of given case study and solution for the cases as per the provisions of contract and Tort law. Lo1 Essential elements of valid contract 1.1 Essential elements required for valid contract in the given case Contract refers to written or oral agreement between two or more parties, which is enforceable by law. Following are the factors for the essentiality of contract- 1 | P a g e Get Dissertation Writing from UK Expert Writers

  6. offer and acceptance intention ot create legal relation lawful considerations capacity of parties free consent lawful object writing and registeraration certainity possibility of perfomance not expressely declared void Figure 1 essential elements of the contract Offer and acceptance- there should be lawful offer and acceptance to the given offer by offerre. There should be offer not invitation to treat by party (Wheare, 2003). Invitation to treat refers to invitation to the person to give offer to the person from whom he received the invitation. It’s not an offer. 2 | P a g e Get Dissertation Writing from UK Expert Writers

  7. Intention to create legal relations- in contract there should be legal intention to enter into relationship, if there no such intention then there is not a valid contract. Capacity of parties- the parties must be competent to contract, competent refers to person should be of sound mind, major and it should not be disqualified by any law, subject to the contract. Privity of contract- This is the doctrine in the common law which defines that there is no obligation towards the outsider or who is not party to the contract but in certain situations there are exceptions to this doctrine (Lando, 2003). This doctrine has important implications on the right of third parties to the contract. 1.2 Impact on the contract Contact can be of two types i.e. face to face or distance contract. A distance sale contract is a contract where the contract is done without face to face contact (Milner, 2011). In face to face contracts terms and conditions are decided at that time only but in distance contract offer is accepted by the communication on the basis of the contract (Neyres, 2005).. If the essential of contracts are missing then there is no valid contract. The all elements of valid contract should be present in the agreement to make it valid contract. In face to face contract if essential elements are missing in this contract it is voidable at that time only but in distance contract the facts are depends upon receiving the response of further party. 3 | P a g e Get Dissertation Writing from UK Expert Writers

  8. 1.3 analysis on terms with reference in the contract In the given case there is offer to invitation to treat by display of books in the store by Sam (Schulze, 2010). Bob cannot force him to accept the offer. Sam is even not in capacity to enter in the contract with Bob because that was the last copy of book which he had already sold it to Carl (Kelly, 2009). By invitation to there is not legal intention to enter into a contract, it is choice of Sam to accept the offer or not. Lo2 Applicability of the elements of the contract in the given business situation 2.1 Elements of contract in the given situation In the given scenario there were contract between Barry and local council as all the elements were present in their agreement. There was valid offer and acceptance among parties. By purchase and sale of tickets there was legal intention of parties to enter contractual relationship. Consideration was provided by both the parties. Barry pays 50p to local council and in exchange they had provided chairs. 2.2 Applicability of law on different contracts The given case contract is case of hired agreements. Hire agreements are those agreements where goods are taken for some period for certain consideration but ownership of goods is not transferred of that good (Treitel, 2002). In these kinds of contract there are implies and express terms for the 4 | P a g e Get Dissertation Writing from UK Expert Writers

  9. contract. Express terms are those terms which are certain and defined by the contract clearly and have consent of both the parties (Elements of negligence case, 2014). While implied terms are assumed, that is obvious terms, or are created by law or by matter of fact or can be customary terms. In the given case there is express term on the back of ticket that council will not be liable for any damages occurred by the chair provide to customer (Wright, 2001). At the time Barry taken the ticket and paid to the council he entered into the contract with local council and give consent to the express terms of the contract 2.3 Effect on the given contract . Barry cannot claim the damages from the local council as according to clause the local council is not responsible for the damages and it was declared previously (Whincup, 2008). If there is no such term then Barry can claim for the damages occurred to him. But there is implied term that owner should take of visitors that there action do not injured the other person. The applicability of terms has different impact on different contracts because terms of contract differ. If there is contradiction between implied and expressed terms, then express terms will prevail as it has consent of both the parties (Whincup, 2008). If there is express term that party will not be responsible for any kind of damages for the hired equipments, then implied term of recovery of damages cannot be applied on the case but if there is not such express term then the default party will be liable to pay 5 | P a g e Get Dissertation Writing from UK Expert Writers

  10. damages to the injured party of the contract (Nystén-Haarala, Lee and lehto, 2010). The injured party can claim for damages occurred to him by the contract. Lo3 Principles of liability in negligence 3.1 Contrast liability in tort with contractual liability Tort liability are those liability which arise when there is no contract between the parties, it is created by the law because damages occurred by their action while the contractual liability arise when there is contract between the parties because of non performance or unsatisfactory performance by the parties of the contract (Nystén-Haarala, Lee and lehto, 2010). Tort liability is legal enforceable by law and the evaluation of damaged done by the court of law, while the damages of contractual liability are decided according to the contract terms. Tort is based on the fault by the party, it is the civil wrong and the damages are imposed by the law on the party while in the contract law if the party has done its best still liability can arise if it not according to the contract. 3.2 The nature of liability in negligence Duty of care is a legal obligation should be performed by one party to act reasonably. Duty of care arises when there is legal relationship between the parties (Donoghue v. Stevenson- the neighbor principle). Breach of duty- refers to satisfy legal, ethical, or moral obligations in performance (Elements 6 | P a g e Get Dissertation Writing from UK Expert Writers

  11. of negligence case, 2014). A defendant is liable for negligence if he failed to exercise reasonable care in the performance of the contract. It can consider as violation of duty for performance. Causation refers to legal test to remoteness of breach in English law; it is foresee ability in tort of negligence. Remoteness to damages refers to an extent to which a defendant is liable for the result of his default act (Wright, 2001). That the act has occurred how much damage to property or there is personal injury to the defendant or there is economic loss. Occupier’s liability refers to liability is of that person who have control on the property for damages not on whom, who is the owner of that property. 3.3 Liability of business In the given situation Brian has done the performance reading the advertisement. By the advertisement Adam has given a public offer and Brian by purchasing Bath had accepted the same and done his performance. He was unaware of the second advertisement so he eligible for the award declared by Adam under Tort law (Schulze, 2010). According to contract law Adam liability is over because now there is no contract but according to Tort Adam is still liable for done the performance (Kelly, 2009). If he had not done his performance by giving award to Brian it will be considered as breach of duty. 7 | P a g e Get Dissertation Writing from UK Expert Writers

  12. Lo4 Applications of principle of liability in the given situations 4.1 Elements of Tort and defenses available in different situation In the tort there are certain defenses available to the business to avoid the liability if there is no fault of the party. Tort liability arises when there is no contractual relationship between parties. It arises when defendant is liable to take duty of care. Primary reason of injury of claimant should be negligence of defendant. Damages should not be too remote or minor. If all such points are fulfilled than liability on defendant is fulfilled by claimant. In certain circumstances defences can be claimed by defendant under occupier’s liability Act, which are following- Volenti-non Fit injuria- there is no duty of care if the person takes risks willingly. For ex. there is proper warning for not to do that act still someone does that then the pervious party will not be liable for the act. Contributory negligence- it refers to the negligence of both the parties, when the other person does not keep reasonable care for the safety (Wheare, 2003). Exclusion of liability- in this situation Act allows an occupier to exclude liability of him but if the act done by the occupier lead to death or personal injury to the defendant then the occupier liability will not be excluded. Vicarious liability refers to situation where penalty attract to that person who had not done the offense himself, because he is in legal relationship with that guilty person. This relation can be of parent and child, 8 | P a g e Get Dissertation Writing from UK Expert Writers

  13. employer and employee etc (Treitel, 2002). the relationship should be of such kind that person should be in position to dominate for ex friend or son of guilty person will not be liable for the act as they are not in dominating position even they are in relationship with the guilty person (Neyres, 2005). 4.2 Applicability on the Vicarious in given situations- Statement A- the give statement is correct, the employee does not owe employee, and employer is responsible for the act. It was negligence of Roger that he did not use the safety gloves, that was provided by the owner provided. The employer is not responsible for the infection of Roger. According to Volenti-non Fit injuria, risk has been taken by claimant at his own will. Statement B- the given statement is correct Neil the employer is responsible of violent act done by the Colin on subordinate. It is Neil’s responsibility to take care of that no physical violence take place in the organization. In this owner will be vicariously liable for the act of Neil. Statement C- the given statement is correct the hotel is liable under the Occupier’s liability act because they are responsible for the safety of their customers and their goods. The robbery was done by the employee of the hotel so yes there is responsibility of Poshpalace. Statement D- the given statement is correct under the clause of the Act Volenti-non Fit injuria, because the management had given the clear 9 | P a g e Get Dissertation Writing from UK Expert Writers

  14. warning Mark had taken the risk the hotel will not be liable for the Mark’s negligence. Statement E- the given statement is false Mark cannot held hotel liable for the act done by him after reading the warning. As per the clause Volenti-non Fit injuria occupier will not be liable if the act is done even after the warning. Statement F- the given statement is correct Mark cannot hold liable Poshpalace for his designer swimwear because risk was taken by himself even after the warning. Statement G the given statement is correct; Mark can hold liable Poshpalace for the robbery under the vicarious liability, because robbery is done by the employee of the Poshpalace so employer will be responsible for the Act. Conclusion There should all essential elements present in the agreement to make it valid contract. From the following report we can conclude that the contract should follow all the provision of the governing act (Stanton, 2005). If there is negligence in the performance of the party or duty of care and that cause damages to the party that will lead to penalty whether if there is no contract between the parties (Lando, 2003). The person should take care of the actions of that person who have legal relationship with him; if he fails to do 10 | P a g e Get Dissertation Writing from UK Expert Writers

  15. to he will attract the provision of vicarious liability towards him (Harpwood, 2009). REFERENCES Books and journals Harpwood, H. V., 2009. Modern tort law. Routledge. Lando, O., 2003. Principles of European contract law. Kulwer law international. Milner, A., 2011. Contract interpretation: potential for relaxing the exclusionary rule. International Journal of Law in the Built Environment. 3(3). pp.205 - 221 Nystén-Haarala, S., Lee, N., and Lehto, J., 2010.Flexibility in contract terms and contracting processes. International Journal of Managing Projects in Business. 3(3). pp.462 – 478 Schulze, R., 2007. New feature in contract law. Sellier, European law publications. Treitel, H. G., 2002. Some landmarks of twentieth century contract law. Oxford University Press. Whincup, H. M., 2008.contract law and practice. Kulwer law international. Wright, J., 2001. Tort law and human rights. Hart publishing. Online Elements of negligence case.2014..[Online]. Available through: http://injury.findlaw.com/accident-injury-law/elements-of-a-negligence- case.html 11 | P a g e Get Dissertation Writing from UK Expert Writers

  16. Kelly, F., 2009. 1410laws of tort. [Pdf]. Available through: <http://www.ubclss.org/CANs/140%20Law%20of%20Torts.pdf> [Accessed on 11thApril, 2014] Mondal, B., 2014. Ten essential elements of valid contract.[Online]. Available through: <http://www.shareyouressays.com/92086/ten-essential- elements-of-a-valid-contract-essay>. [Accessed on 11thApril, 2014] Neyers, W. J., 2005. A theory of vicarious liability. [Pdf]. Available through: <http://www.ucc.ie/law/odg/attachments/NEYERS_(Theory_of_VL).pdf>[ Accessed on 11thApril, 2014] Stanton, T. C., 2005. International Legal Research: A Beginner’s Guide. [Online] Available through: <http://library.law.unc.edu/festival/festival2002/int.html> [Accessed on 11thApril, 2014] Wheare, C., K., 2003. maladministration and its remedies. The English law. [PDF] Available through: <http://socialsciences.exeter.ac.uk/media/universityofexeter/schoolofh umanitiesandsocialsciences/law/pdfs/English_Law_the_New_Dimension. pdf >[Accessed on 11thApril, 2014] 12 | P a g e Get Dissertation Writing from UK Expert Writers

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