Posted: September 13th, 2017

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business
Aspects of Contract and Negligence for Business

Learning Outcome

LO1

Learning outcome Understand the essential elements of a valid contract in a business context Be able to apply the elements of a contract in business situations Understand principles of liability in negligence in business activities Be able to apply principles of liability in negligence in business situations

Assessment Criteria 1.1

In this assessment you will have the opportunity to present evidence that shows you are able to: explain the importance of the essential elements required for the formation of a valid contract discuss the impact of different types of contract analyse terms in contracts with reference to their meaning and effect apply the elements of contract in given business scenarios apply the law on terms in different contracts evaluate the effect of different terms in given contracts contrast liability in tort with contractual liability explain the nature of liability in negligence explain how a business can be vicariously liable apply the elements of the tort of negligence and defences in different business situations apply the elements of vicarious liability in given business situations

Task no.

Evidence (Page no)

1.2 1.3 2.1 2.2 2.3 3.1 3.2 3.3 4.1 4.2

LO2

LO3

LO4

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Learner declaration I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.

Student signature:

Date:

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In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following MERIT and DISTINCTION grades Grade Descriptor M1Identify and apply strategies to find appropriate solutions Indicative characteristic/s Effective judgements have been made. An effective approach to study and research has been applied. M2 Select / design and apply appropriate methods / techniques Appropriate learning methods/techniques have been applied. Contextualisation To achieve M1, the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain, analyse and make effective judgements about elements of contract. (Ref Brief A, Task 1) To achieve M2, the learner will be using the given business scenarios to apply the law on terms in different contracts while evaluating with evidence of two or more sources of information for each legal point in the assignment. (Ref Brief B, Task 3)

M3 Present and communicate appropriate findings

To achieve M3, the learner is able to organise their views in a Communication is appropriate for familiar and logical and coherent manner that is appropriate for familiar and unfamiliar audiences and appropriate media have unfamiliar audience and be able to convey the prevailing legal been used. judgements in a clear and relevant format. (Ref Brief C, task 4) Conclusions have been arrived at through synthesis of ideas and have been justified. Realistic improvements have been proposed against defined characteristics for success. To achieve D1, the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties. (Ref Brief A, Task 2)

D1 Use critical reflection to evaluate own work and justify valid conclusions

D2 Take responsibility for managing and organising activities

To achieve D2, the learner will demonstrate the qualities of Activities have been managed. managing and organising responsibility in order to carry out activities. (Ref Brief B, Task 3) D3 Demonstrate convergent /lateral / creative Relevant knowledge gained from previous units To achieve D3, the learner will be able to use analytical and has been incorporated in this unit, to demonstrate creative thinking with a broader understanding of the business thinking a synoptic understanding of the business environment while identifying its relevance to law. environment. (Ref Brief C, Task 4)

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Assignment Brief A
Unit number and title Qualification Start date Deadline/hand-in Assessor Unit 5: Aspects of Contract and Negligence for Business Pearson BTEC Level 5 HND Diploma in Business 24th February 2014 20th June 2014 Perry Ellis

Assignment title Purpose of this assignment

Aspects of Contract and Negligence for Business

All business environments are bound by the legal requirements surrounding contracts. The present assignment is designed to produce a detailed report showing understanding of the different elements of contract law and the rights and responsibilities for both businesses and customers who are linked to them. Learners will also acquire knowledge of the solutions, in the case of a breach of contract.

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 to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law. Case study 1 Jess advertised a second hand van for sale on a car trade website for £2650.00. Mr. Powell views the advertisement and call Jess to express his wish to buy the van. But due to the fact that he lives 600miles away he offered to come and buy the van after 3 days. Jess says that she would sell the van if any other customer wishes to buy the vehicle before Mr. Powell arrived. For this Mr. Powell agreed to pay £450 pounds in advance if Jess promises she would not sell for the next 3 days. Jess agrees to this. Case study 2 Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire 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 a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.”

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Task 1: LO1 (LO1.1, LO1.2, LO1.3), M1 Considering the Case study 1 mentioned above, define the legal meaning of the term ‘contract’ and explain the important elements of a valid contract. Identify and discuss the terms of offer and whether there has been acceptance of the offer. Identify the intention to create legal relations and the consideration of moving between the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect, and explain the factors that would impair the formation of a contract. To achieve M1, the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain, analyse and make effective judgements about elements of contract. Task 2: LO2 (LO 2.1, LO 2.2, LO2.3), D1 Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration, apply the elements of contract in given business scenarios. Apply the law on terms in different contracts and evaluate the effect of different terms in given contracts. To achieve D1, the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties.

Assignment Brief B
Unit number and title Qualification Start date Deadline/hand-in Assessor Unit 5: Aspects of Contract and Negligence for Business Pearson BTEC Level 5 HND Diploma in Business 24th February 2014 20th June 2014

Assignment title

Aspects of Contract and Negligence for Business

Purpose of this assignment The purpose of this assignment is to present a report with reference to the case study given and compare and contrast liabilities. Give detailed explanation of the nature of liability in negligence and its effect on businesses.

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Scenario: This scenario continues, as before, in Assignment Brief B. 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 to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.

Case study 3 3. Adam advertises a reward of £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 mid-channel, Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Task 3: LO3 (LO 3.1, LO3.2, LO3.3), M2, D2 Is Brian entitled to claim the reward? Taking this scenario into consideration, contrast liability in tort with contractual liability. Explain the nature of liability in negligence and explain how a business can be vicariously liable. To achieve M2, the learner will be using the given business scenarios to apply the law on terms in different contracts while evaluating with evidence of two or more sources of information for each legal point in the assignment. To achieve D2, the learner will demonstrate the qualities of managing and organising responsibility in order to carry out activities.

Assignment brief C
Unit number and title Qualification Start date Deadline/hand-in Assessor Unit 5: Aspects of Contract and Negligence for Business Pearson BTEC Level 5 HND Diploma in Business 24th February 2014 20th June 2014

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Assignment title

Aspects of Contract and Negligence for Business

Purpose of this assignment The purpose of this assignment is to present a detailed evaluation of torts, their nature, elements of tort of negligence and defences. Scenario: This scenario continues, as before, in Assignment Brief B. 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 to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.

Case study 4 One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his 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, is 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. Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous when unattended’. 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

Task 4: LO4 (LO 4.1, LO4.2 4.2), M3, D3 Evaluate the accuracy of each of the seven statements ( A-G, below) individually, as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and defences and apply the elements of vicarious liability in these situations. Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a safe working environment. Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions. Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957. Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act 1984 because of its warning notice. Statement E: Mark can use ordinary negligence principles in his claim against Poshplace. 7|Page

Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his designer swimming trunks. Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery. To achieve M3, the learner is able to organise their views in a logical and coherent manner that is appropriate for familiar and unfamiliar audience and be able to convey the prevailing legal judgements in a clear and relevant format. To achieve D3, the learner will be able to use analytical and creative thinking with a broader understanding of the business environment while identifying its relevance to law.

Evidence checklist

Summary of evidence required by student

Evidence presented

Produce a detailed report showing understanding of the different contract law and the rights and responsibilities for both businesses and customers who are Task 1a,1b linked to them. The report should present evidence of the learner’s knowledge of the solutions in case of a breach of contract. The report for Task 1a,1b & 2 and Task 2 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and chart where applicable, to support your report. Evaluate the purpose and elements of torts of negligence, defences and elements vicarious liability, using your knowledge and research in this area of law. You should be able to apply this knowledge to the situations mentioned in the task. Task 3 Your evaluation for Task 3 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and char where applicable, to support your evaluation.

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Achievement Summary
Qualification Unit Number and title Pearson BTEC Level 5 HND Diploma in Business Unit 5: Aspects of Contract and Negligence for Business Assessor name Student name

Criteria Reference LO 1 1.1 1.2 1.3 LO 2 2.1 2.2 2.3 LO 3 3.1 3.2 3.3 LO 4 4.1 4.2

To achieve the criteria the evidence must show that the student is able to: explain the importance of the essential elements required for the formation of a valid contract discuss the impact of different types of contract analyse terms in contracts with reference to their meaning and effect apply the elements of contract in given business scenarios apply the law on terms in different contracts evaluate the effect of different terms in given contracts contrast liability in tort with contractual liability explain the nature of liability in negligence explain how a business can be vicariously liable apply the elements of the tort of negligence and defences in different business situations apply the elements of vicarious liability in given business situations

Achieved? (tick)

Higher Grade achievements (where applicable)

Grade descriptor

Achieved? (tick)

Grade descriptor

Achieved? (tick)

M1: Identify and apply strategies to find appropriate solutions

D1: Use critical reflection to evaluate own work and justify valid conclusions D2: Take responsibility for managing and organising activities D3: Demonstrate convergent/lateral /creative thinking 9|Page

M2: Select/design and apply appropriate methods/techniques

M3: Present and communicate appropriate findings
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