... Unit 5: Aspects of Contract and Negligence for Business Unit code: Y/601/0563 QCF level: 4 Credit value: 15 credits Module Tutor: Anila Mushtaq Contact Details: anila.mushtaq@yahoo.co.uk Preferred style of contact: In the first instance, if you have any queries regarding the teaching or assessment for this module, please ask question during the lecture. If you do not receive a satisfactory response then e-mail me with your query for an appointment. Introduction: The aim of this unit is 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. Unit abstract: The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then 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...
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...Institute (HRMI) Edexcel BTEC HND in Business – HRM – Batch 1/3 /M/E Unit No/Title: Unit 5/ Aspect of Contract and Negligence for Business Unit Code: Y/601/0563 Assignment No: 1 / 1 Assignment Title: Contracts and Negligence Law Unit Outcomes/Grade Descriptors Covered: |LO1.1 | |………………………………………………………….. | |……………………………………………. | |Registration Number | |Signature | |LO1 Understand the essential element of a valid contract in a business context |Grading |Assessment Type | | |(P/M/D) | | |LO 1.1 | | |Individual | | |Explain the importance of the essential elements required for the formation of a |P1.1 | | | |valid contract. | | ...
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...BELLO ORDUZ STUDENT ID: 21200686 ST-PATRICKS COLLEGE ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS TABLE OF CONTENT EXECUTIVE SUMMARY…………………………………………………………………..3 INTRODUCTION……………………………………………………………………………4 CASE STUDY 1: OFFER AND ACCEPTANCE…………………………………………5 CASE STUDY 2: CONSIDERATION……………………………………………………..6 CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION……………………..7 CASE STUDY 4: contractual terms……………………………………………...……7-8 CASE STUDY 5: exclusion clause……………………………………………………8-9 CASE STUDY 6: Tort of negligence …...……………………………………………9-11 CASE STUDY 7: vicarious liability……………………………………………………12. REFERENCE LIST………………………………………………………………………..13 EXECUTIVE SUMMARY CASE STUDY 1: OFFER AND ACCEPTANCE This case involves term such as: offer, acceptance offer, difference between offer and treat, invitation of treat and acceptance of an offer by post. CASE STUDY 2: CONSIDERATION This case of study involves terms such as: part payment, principle of promissory estoppel Pinnels case (1602) and foakes beer (1884). CASE STUDY 3: INTENTION TO CREATE LEGAL RELATION This case of study involves terms such as: intention to create legal relation, domestic contract, social contract and commercial contracts. CASE STUDY 4: contractual terms This case of study involves terms such as: meaning of contractual terms, representation, types of contractual terms. CASE STUDY 5: exclusion clause This case of study involves terms such as: meaning of exclusion clause and legal rules...
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... Ed excel HND Group Module: Unit 5 – Aspects of Contract and Negligence for Business Module type: Module Code: Y/601/0563 Module Credit: 15 Teaching Period: (12+3 weeks) QCF Level: 5 Contact Hours: (15*3.75 = 56.25) Lecturers: 12 weeks Revision Clinic: 1 week Feedback and assignment guidance: 2 weeks Lecturer: Mr. Dalton Vincent Start date: 01/10 /2013 Day: Friday Time: 10.00 – 13.00 & 14.00 – 17.00 Room: LH 2 & LH 3 Term: Winter Term CONTENTS 1. INTRODUCTION, AIMS AND OBJECTIVES 2. MODULE OUTLINE AND TEACHING METHODS 3. READING AND COURSE PREPRATION 4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES 5. ASSESSMENT DETAILS 6. INTRODUCTION The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then 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...
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... | |Unit Title |Aspects of Contract and Negligence for Business | |Name of Tutor |Zhang Hongsheng | |Name of Internal Verifier | | |Date Submitted | | |Week |Topics To Be Covered |Mode |Remarks | |1 |Offer and Acceptance |Lecture | | | | |Case Study | | | | |Q & A | | |2 |Intention to Create Legal Relations; Consideration |Lecture | | | | |Case Study | | | | ...
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...led to the inception of cybercrime and increased fraud and liability concerns. Identify a company in your state that sells products via the Internet. Write a five to six (5-6) page paper in which you: 1. Determine whether the consumer would have any recourse for defective products purchased on the Internet via a production liability action. Support your position. 2. Determine whether the Statute of Frauds could be applied to prevent the sale of that company’s product on the Internet. Support your position. 3. Compare and contrast the difference in the use of a generic electronic signature versus a digital signature when entering a contract with your chosen company. Determine which would allow you to void the contract if a contract issue arose. Cite one (1) current case (from 2009 or later) in which enforcement of an e-Signature was at issue in the case. More Details hidden... Activity mode aims to provide quality study notes and tutorials to the students of LEG 210 WK 8 Assignment 2 in order to ace their studies. LEG 210 WK 8 ASSIGNMENT 2 To purchase this visit here: http://www.activitymode.com/product/leg-210-wk-8-assignment-2/ Contact us at: SUPPORT@ACTIVITYMODE.COM LEG 210 WK 8 ASSIGNMENT 2 LEG 210 WK 8 Assignment 2 - Business-to-Consumer e-Commerce The overwhelming use of the Internet for the purchase of products has led to the inception of cybercrime and increased fraud and liability concerns. Identify a company in your state that sells products...
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... LLM-Ist YEAR ROLL NO:- 739 SUBMITED To- Prof.Prashant Gaikwad INDEX. 1) TITLE 2) NATURE OF STUDY 3) SCOPE 4) IMPORTANCE & SIGNIFICANCE 5) LITERATURE REVEIW 6)RESEARCH QUITIONS 7) OBJECTIVES OF RESEARCH 8) CHAPTERISATION 1) Introduction. 2) Article 299 of Indian Constitution. 3) Contract by union & State shall be executed.(299 (1) ) Position of informal contract Service contract Statutary contract Authorisation by President or Governor Contravention 4) Contractual liability of government Execative authority cannot be fettered by contract a) England b) U.S.A. c) India Legislative Authority cannot be fettered by contract a) England b) U.S.A. c) India Right to prosecute cannot be heard by contract a) England b)...
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...away from contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability law has...
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...Aspects of Contract and Negligence for Business | Introduction The main purpose of the report is to recognize the aspects of Contract and Negligence for a Business. In these days, the business atmosphere is filled with agreements between industries and individuals. Whereas oral agreements may be used, maximum businesses use proper written contracts while engaging in actions. Written contracts deliver businesses and individuals with a lawful document affirming the prospects of both the parties and in what way negative situations might be resolved. Contracts are lawfully enforceable in court of regulation. Contracts often signify a instrument that companies practice to defense their capitals. Negligence has speedily developed to the basis of our system for reimbursing people for unintentional damage and grievances. It allows the benches toward compensations in tort in particular conditions where it is impossible to continue a contract. It has furthermore been used innovatively to compensate individuals for financial fatalities in business settings where no extra remedy was accessible. Executive summary The aim of this learning is to study the basic lawful values for which we can use in the applied aspects of business. Also from the case studies which is given is very helpful for practical day to day issues. This is focused on non-lower therefore we should give a clear picture of the concepts such as contracts, negligence torts, breach of condition etc. This is also...
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...| |Unit Title: |Tutor’s Name: | |Aspects of Contract and |D.K Hashani shashiprabha | |Negligence for Business | | |Assignment Title & Number: |Learning Outcomes Covered: |Assessment Criteria Covered: | | |Outcome1: | | | |Understand the essential |See the following “Notes to | | |elements of a valid contract |Students” the assessment | | |in a business context |criteria covered in this | | |Outcome2: |assignment. | | |Be able to apply the elements of a contract in business | | | |situations...
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...Aspect of Contract and NegligenceASSESSOR : Mr. Seevali Amithirigala DATE OF SUBMISSON : 10.01.2013 | | | Aspect of contract and negligence | | Aspect of contract and negligence | Acknowledgement I would like to express my gratitude to Mr.Frank Gunasekara who gave me the possibility to complete this assignment and for the guidance and support they gave in preparation of this study. Especially, I would like to give my special thanks to my parents who enabled me to complete this work. However, it would not have been possible without the kind support and help from my friends. Last but not the least I would like to thank all our peers and staff at I.C.B.T and specially Mr.Dilum our coordinator who were ready to lend a hand in whatever way they can. I am making this project not only for marks but also to increase my knowledge. Thanks again to all who helped me. Executive Summary The reason of this study is to learn the basic legal principles for which we can use in the practical aspect of business. Also from the case studies which is given is very helpful for practical day to day issues. This study is focused on non-lawyers therefore we should give a clear picture of the concepts such as the contracts, negligence torts , breach of conditions etc. this is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort...
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...importance of key elements required for the formation of a valid contract. Business Agreement Business Agreement is the mutual understanding or assent of two or more than two legally competent parties. It is done or agreed upon on the relative duties and rights regarding current or future performance. An agreement typicallydocumentsthe give-and-take of anegotiated settlementand a contract specifies the minimum acceptablestandardofperformance. Types of Business Agreement There are various types of business agreements depending upon the nature, type and operations / activities of the business. These types can be categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have different types of contracts and agreements like Bill of Sale, Agreement for the Sale of...
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...sought for compensations rather than imprisonment. This study focuses on figuring out the harmonies and dissimilarities of liability in tort and contractual liability along with elaborating the essence of liability in negligence and vicarious liability with the aim at depicting their applications in business contexts and daily situations. Besides, the study pursues litigations and statutes in the United Kingdom, the United State and Vietnam from the late seventeenth century until now. PART 1 THE PRINCIPLES OF LIABILITY IN NEGLIGENCE IN BUSINESS CONTEXTS 3.1 Contrast between liability in tort and contractual liability 3.1.1 The similarities and differences between liability in tort and contractual liability A tort is civil wrong for which precedents and legislative enactments imposes legal liability as personal injury, psychiatric harm, damage to property and economic loss in negligence, undermining reputations in defamation or the interference with the enjoyment of land in nuisance.(Allison, 1996) Contract law imposes obligations which the party has voluntarily agreed to assume. Tort should recompense for harm suffered rather than wrongdoer’s punishment that can be convicted by criminal law.(Baer, 1997) By contrast, contract law directs at forcing keeping promises. Besides, contractual liabilities are owed by contracting parties but tort liabilities are owed to groups of people.(Oldham, 2004) This can be a liability to the public at large, or to another individual because...
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...COURSE: ASPECTS OF CONTRACTS AND NEGLIGENCE FOR BUS [Type text] Page 1 Tables of contents Executive summary-----------------------------------------------------------------Introduction--------------------------------------------------------------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case study 3 Catherine and Daniel---------------------------------------------Case study 4a Telephones supplied cannot be modified--------------------4b Telephones supplied can be modified-------------------------Case study 5 Grace and Office Supplies Ltd-------------------------------------Case study 6 Alfred and George------------------------------------------------------Case study 7a Test for a Tortfeasor as an Employee------------------------------7b Test to determine if employee’s act was during employment-Case study 8a Mary and Barnett Hospital-----------------------------------------8b Mary and Joe---------------------------------------------------------8c Mary and Thomas--------------------------------------------------Conclusion---------------------------------------------------------------Reference/Bibliography------------------------------------------------ Pages Executive summary [Type text] Page 2 This report is made of eight sections (case studies)-case study one deals with...
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...Customer Submitted Case Studies Case Study: Functional Overview on Letter of Credit Author: Deepak Seeruwani, Consultant Contributors: Naveen Rangineni, Consultant Skill Level Rating for this Case Study: Intermediate About Oracle Customer Submitted Case Studies Oracle Customer Submitted Case Studies are intended as learning tools and for sharing information or knowledge related to a complex event, process, procedure, or to a series of related events. Each case study is written based upon the experience that the writer/s encountered. Customers should not interpret or use information in these case studies as solutions or recommendations without first contacting Oracle Support. Each Case Study contains a skill level rating. The rating provides an indication of what skill level the reader should have as it relates to the information in the case study. Ratings are: • Expert: significant experience with the subject matter • Intermediate: some experience with the subject matter • Beginner: little experience with the subject matter Case Study Abstract This case study will provide a practical guide to letters of credit and as there is no functionality as of now to use Letter of Credit as a means of payment which is increasingly being used, a workaround in Oracle Payables to handle payments through Letters of Credit. Within its limitations it is hoped that: • This paper will serve as a basic tool in understanding letters of credit and ...
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